VIVEK KAKAR v. MUNICIPAL CORPORATION OF DELHI & ORS.
W.P.(C)/10960/2026 · 2026-09-17
Amit Bansal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 18582 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18582 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 10960/2026 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010352532026 + W.P.(C) 10960/2026 with CM APPL. 50741/2026 VIVEK KAKAR .....Petitioner Through: Mr. Atul Batra & Mr. Kundan Kumar Mishra, Advocates with petitioner in- person. versus MUNICIPAL CORPORATION OF DELHI & ORS.
.....Respondents Through: Ms. Harita Mehta, Advocate for MCD (Through video-conferencing) SI Lucky, P.S.: Ranjit Nagar. Mr. Prateek Tanwar, SPC for UoI with Ms. Khanak Tanwar, Advocate for R-2. Mr. Kunal Sharma, Ms. Mehaq Rao & Mr. Puneet Rathore, Advocates for R-3 & 4.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R %
17.09.2026
1. The present writ petition has been filed seeking a direction to the respondent no.1/MCD to stop the illegal construction and excavation in property bearing no.32, South Patel Nagar, New Delhi – 110008 (‘subject property’).
2. It is the contention of the petitioner that the private respondent nos. 3 and 4 have encroached upon the property of the petitioner.
3. While issuing notice on 4th August, 2026, the respondent/MCD was 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 21/09/2026 at 11:21:50
W.P.(C) 10960/2026
directed to carry out the inspection of the subject property and file a status report.
4. A status report has been filed yesterday.
4.1. However, the same is not on record.
4.2. A copy of the status report has been handed over in Court today and the same is taken on record.
5. In terms of the status report, it is stated as follows: i. Construction has been carried out by the respondents no.3 and 4 in terms of the sanctioned building plans dated 14th August, 2025 and 7th September, 2026. ii. The subject property was inspected and no encroachment was found in the petitioner’s property. iii. As per the inspection, the common wall of the property of the petitioner and respondent nos. 3 and 4 was found to be filled with some concrete during the construction of the basement and a communication has been sent to the Architect on 15th September, 2026 to ensure the restoration of the common boundary wall and opening veranda.
6. Counsel appearing for the private respondents no.3 and 4 submits that the restoration work has been carried out and the concrete has been removed.
7. The present petition is disposed of, directing the respondent/MCD to ensure that the boundary wall has been restored and all concrete has been removed, including from the veranda.
8. Pending application stands disposed of.
AMIT BANSAL, J SEPTEMBER 17, 2026/at 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 21/09/2026 at 11:21:50