W.P.(C) 13542/2026 $~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010439432026 + W.P.(C) 13542/2026 & CM APPL. 63133/2026 HEMANT SOOD .....Petitioner Through: Mr. Sourabh Kansal, Mr. Priya Rastogi and Mr. Raghav Vij, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Kartikay Aggarwal, Advocate for MCD. Mr. Anshul Garg, Mr. Saurabh Goel and Mr. Prateek Mathur, Advs., for R-2 & R-3 (Through video- conferencing) Mr. Niraj Kumar and Mr. Chaitanya Kumar, Advocates for Delhi Police. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 16.09.2026 CM APPL. 63133/2026 (exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 13542/2026 2. The present writ petition has been filed seeking the following reliefs:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:38:10 W.P.(C) 13542/2026 3. It is stated that the petitioner resides at Flat No. 236, on the first floor, Bannu Enclave, Pitampura, Saraswati Vihar, North West Delhi, Delhi - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:38:10 W.P.(C) 13542/2026 110034, whereas the private respondents no.2 and 3 reside in Flat No. 235, on the ground floor, Bannu Enclave, Pitampura, Saraswati Vihar, North West Delhi, Delhi - 110034 (‘subject property’). 4. The grievance of the petitioner is with respect to extensive renovation and structural alteration work commenced by the private respondents no. 2 and 3, including the removal of the load bearing walls, which is causing damage to the petitioner’s flat, including cracks which have emerged in the petitioner’s flat. It is stated that despite repeated complaints made, MCD has failed to take any action on the complaint of the petitioner. 5. Counsel appears on behalf of the respondent no.1/MCD on advance notice and submits that the subject property i.e. Flat No.235, has been booked for unauthorized construction in the shape of deviation/excess coverage against the standard plan. A show cause notice has been issued on 1st September, 2026. He further submits that the respondent no.2 has been called for a personal hearing on 23rd September, 2026. 5.1. The aforesaid documents have been handed over in Court and the same are taken on record. 6. Counsel appears on behalf of the private respondents no.2 and 3 and submits that it is the petitioner who has carried out unauthorized construction in his flat, i.e., Flat No.236. 7. In view thereof, the present writ petition is disposed of while directing the respondent no.1/MCD to take appropriate action in respect of the subject property based on the show cause notice issued to the private respondent no.2. 8. A direction is also issued to the respondent no.1/MCD to inspect the petitioner’s flat i.e. Flat No. 236. In the event any unauthorised construction This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:38:10 W.P.(C) 13542/2026 is found, MCD shall take appropriate action in accordance with law. 9. All rights, contentions and legal remedies of the parties are kept open. AMIT BANSAL, J SEPTEMBER 16, 2026 Vivek/- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:38:10