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2026 DAILYLAW 18858 (DEL)

POOJA KWATRA v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/13895/2026 · 2026-09-21

Saurabh Banerjee

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010450872026 + W.P.(C) 13895/2026, CM APPL. 64953-64954/2026 POOJA KWATRA .....Petitioner Through: Mr. Jitesh Talwarni, Adv. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr Rakesh Malhotra, Mr Bharat Malhotra and Ms Gayatri Bhatia, Advs. for MCD Mr. Ajay Paul and Mr. Geetu Paul, Advs. M Mr. Kartik Pandey, Mr. Rohit Jain and Mr. Aditya Sharma, Advs. for R-9 CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 21.09.2026 1. By virtue of the present petition under Articles 226/227 of the Constitution of India, the petitioner seeks the following reliefs: “a. Issue an appropriate writ, order or direction in the nature of mandamus directing Respondent No. 1 to forthwith complete the proceedings already initiated in file no. 28/C- 86/B/UC/KBZ/26 dated 29.01.2026 in respect of property no. 28/150-151, West Patel Nagar, New Delhi-110008. b. Direct Respondent No. 1 to pass a reasoned and speaking order under Sections 343 and 344 of the Delhi Municipal Corporation Act, 1957 in respect of the unauthorized construction existing at the said property. 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 11:15:01 c. Direct Respondent No. 1 to take immediate action for demolition and/or removal of all non-compoundable unauthorized construction, including the unauthorized construction recorded as existing at the entire Third Floor and part Fourth Floor, and such deviations/excess coverage on the Ground Floor, First Floor and Second Floor as are impermissible in law. d. Direct Respondent No. 1 to issue proper floor-wise and person specific notices to the actual owners/ occupiers/ persons in possession of the unauthorized portions of the property and to ensure effective service thereof. e. Restrain the respondents no.2-9 from interfering with the Petitioner’s lawful terrace/ roof rights and from raising any further unauthorized construction, addition, alteration or obstruction at the property. f. Pass such further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. g. Award costs of the present petition in favour of the Petitioner and against the Respondents. Any other order or orders that this Hon'ble Court deems fit and proper in the facts and circumstances of the case be also passed.” 2. After some arguments, learned counsel for the petitioner seeks to withdraw the present petition with liberty to file the same with better particulars. 3. Accordingly, the present petition, alongwith the pending applications, is dismissed as withdrawn with liberty as prayed for. SAURABH BANERJEE, J SEPTEMBER 21, 2026/rr 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 11:15:01