W.P.(C) 13782/2026 $~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010446752026 + W.P.(C) 13782/2026 with CM APPL. 64369/2026 and CM APPL. 64370/2026 NASEEM ISHAQUE .....Petitioner Through: Mr. Siddharth Yadav, Senior Advocate with Mr. Varun Kumar and Ms. Ragini Kapoor, Advocates versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Rohit Kathuria and Mr. Harshit Sharma, Advocates for R-1/MCD Mr. Ankur Yadav, SPC with Mr. Sambhav Garg and Mr. Kush Garg, Advocates for R-2, R-3 and R-4 Mr. S. S. Nizami and Mr. Saad Sharif, Advocates for R-6, R-11, R-12 and R- 13 Mr. Raghunandan Sharma, Mr. Nishant Kaushik and Ms. Usha Devi, Advocates for R-14 to R-17 (Through VC) CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 18.09.2026 CM APPL. 64370/2026 (exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 13782/2026 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 23/09/2026 at 11:00:46 W.P.(C) 13782/2026 3. On 22nd December, 2022, respondent no.1/MCD issued an advisory to owners/occupiers of property No. 1504-1510, Gali Pahari Rajan, Bazar Chitli Qabar, Jama Masjid, Delhi - 110006 (‘subject property’) and directed immediate corrective measures including strengthening of the property under the supervision of the qualified structural engineer. Another Advisory for Dangerous Building dated 21st July, 2026 was issued by respondent 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 23/09/2026 at 11:00:46 W.P.(C) 13782/2026 no.1/MCD, noting that the subject property is in dilapidated/deteriorated condition and requires immediate action including strengthening work. 4. Notice under Section 348 of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) was issued on 19th August, 2026 to the owners/occupiers of property Nos.1504-1512 declaring large portion of the building to be dangerous. The notice contained the exact description of the portions of the building which were found to be dangerous. On the same date, i.e. 19th August, 2026, a vacation notice under Section 349 of the DMC Act was issued calling upon the occupants to vacate the building within three (3) days. 5. Respondents no.12 and 13 in the present writ petition filed writ petition being W.P.(C) 12588/2026 which came up before this Court on 31st August, 2026, challenging the dispossession of the petitioners from the said premises. The aforesaid petition was withdrawn with liberty to challenge the demolition order before the Appellate Tribunal, MCD (‘ATMCD’). This Court granted protection for a period of ten (10) days in order to enable the petitioners therein to avail their statutory remedy. 6. Counsel for the respondents no.13 to 14 submits that they approached the ATMCD. However, their appeal was dismissed with liberty to take appropriate remedies in accordance with law. 7. Admittedly, no remedies have been invoked by the said petitioners till date. 8. Counsel appears for respondents no.14 to 17 and submits that the portions occupied by respondents no.14 to 17 in the subject property have not been declared dangerous. 9. Counsel appearing for respondent no.6 and respondents no. 11 to 13 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 23/09/2026 at 11:00:46 W.P.(C) 13782/2026 submits that the present writ petition has been filed in order to ensure eviction of the occupants of the said building. The petitioner has also filed civil suit seeking the similar reliefs. He submits that the present writ petition is not maintainable. 10. Mr. Rohit Kathuria appearing on behalf of MCD submits that pursuant to the impugned orders, part demolition action was carried out on 14th September, 2026. However, after the said date, some of the owner/occupiers have re-entered the subject property. 11. In light of the aforesaid, the present writ petition is disposed of while directing respondent/MCD to take appropriate action based on the impugned orders issued under Section 348 and 349 of the DMC Act. 12. Respondent no.2/SHO, Police Station Chandni Mahal, is directed to provide necessary assistance to the MCD to carry out the aforesaid action. 13. All rights, contentions and legal remedies of the private respondents are kept open. AMIT BANSAL, J SEPTEMBER 18, 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 23/09/2026 at 11:00:46