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2026 DAILYLAW 18303 (DEL)

MOHD ASIF ALI v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/13547/2026 · 2026-09-16

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 13547/2026 $~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010439502026 + W.P.(C) 13547/2026 MOHD ASIF ALI .....Petitioner Through: Mr. Shabbir Ali, Advocate versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Vinod Kumar Khanna and Mr. Navin Chopra, Advocates for R-1 and R-2 Ms. Geetanjali Sharma, SPC with Mr. Rahul Mourya, G. P. for R-3/ Delhi Police Mr. Niraj Kumar, Senior Central Government Counsel with Mr. Chaitanya Kumar, Advocate for Delhi Police, P.S. Lahori Gate CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 16.09.2026 1. The present writ petition has been filed seeking a direction to the respondents to take action against the illegal and unauthorised construction being carried out by respondent no.4 at 50% of property no.109, 109/1, 110, 111, Ward No.7, Gali Masjid, Tehwar Khan, Bazar Naya Bans, Khari Baoli, Delhi-110006, Measuring 735 Sq. Yards upto 6th Floor (‘subject properties’). 2. It is stated that despite issuance of the work stop notice on 21st May, 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 19/09/2026 at 11:50:10 W.P.(C) 13547/2026 2026, no action has been taken by the respondents and the construction still continues to be carried out. 3. Issue notice. 4. Notice is accepted on behalf of counsel appearing for respondent- MCD and respondent no.3/SHO, P.S. Lahori Gate. 5. Let notice be issued to the respondent no.4 through all permissible modes. 6. Mr. Vinod Kumar Khanna, counsel appearing on behalf of respondent-MCD, makes the following submissions in respect of each of the subject properties: 6.1. Property No. 109, Masjid Tewar Khan, Delhi-06 i. The property was booked on 24th June, 2026 for unauthorized construction in the shape of Ground Floor, First Floor and Second Floor. ii. A Demolition Order was passed on 16th July, 2026. iii. On 24th July, 2026, the property was completely sealed at three points at the Ground Floor, thereby sealing the entire property. iv. A Watch & Ward letter vide No. D/AE(B)-I/CSPZ/2026/497 dated 24th July, 2026 was issued. v. During subsequent inspection, tampering of the seal was found. Accordingly, a letter for lodging of an FIR was sent to the SHO, P.S. Lahori Gate. vi. On 24th August, 2026, demolition action was carried out at the property. During the action, two panels of the roof slab at the Second Floor were demolished, along with multiple internal walls at the Second Floor. 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 19/09/2026 at 11:50:10 W.P.(C) 13547/2026 vii. After completion of the demolition action, the property was again sealed at three points at the Ground Floor, thereby resealing the entire property. viii. A further Watch & Ward letter vide No. D/AE(B)-I/ODZ/2026/683 dated 24th August, 2026 was issued. 6.2. Property No. 110, Masjid Tewar Khan, Delhi-06 i. A Work Stop Notice vide No. D/AE(B)-I/CSPZ/2026/480 dated 22th July, 2026 was issued. ii. The property was booked on 04th August, 2026 for unauthorized construction comprising the entire Ground Floor and First Floor, along with unauthorized erection of walls and columns at the Second Floor. iii. A further Work Stop Notice vide No. D/AE(B)-I/ODZ/2026/683 dated 21st August, 2026 was issued. iv. The sealing file is under process. 7. Taking note of the aforesaid submissions, the present writ petition is disposed of with the following directions: i. MCD shall ensure that the subject properties remain sealed. ii. MCD shall take demolition action in accordance with law. iii. The SHO, P.S Lahori Gate, shall ensure that no construction is carried out in the subject properties and the seal is not tampered with. iv. The SHO, P.S. Lahori Gate, shall take appropriate action based on the communication sent by MCD for registration of FIR for tempering of the seal by private respondent no.4. 8. In the event the petitioner has any further grievance with regard to 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 19/09/2026 at 11:50:10 W.P.(C) 13547/2026 unauthorised construction, he is at liberty to take appropriate remedies in accordance with law. 9. All rights, contentions and legal remedies of the private respondent no.4 shall remain protected. AMIT BANSAL, J SEPTEMBER 16, 2026 ds 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 19/09/2026 at 11:50:10