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2026 DAILYLAW 19909 (DEL)

HAMZA AHMED v. MUNICIPAL CORPORATION OF DELHI AND ORS.

W.P.(C)/14287/2026 · 2026-09-28

Saurabh Banerjee

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010464682026 + W.P.(C) 14287/2026, CM APPL. 66878/2026-Stay, CM APPL. 66879/2026-Exp. HAMZA AHMED .....Petitioner Through: Mr. G. M. Farooqui and Mohd. Faisal, Advs. versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Rohit Kathuria and Ms. Nikita Sharma, Advs. for R-1 to 3 [+97179 48948] Ms. Neha Rastogi (SPC) with Ms. Neha Jain (GP), Mr. Animesh Rastogi, Mr. Rajat Dubey, Mr. Shashank Pandey, Ms. Neha Bhardwaj, Advs. for R-6 CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 28.09.2026 1. By virtue of the present petition under Articles 226 of the Constitution of India, the petitioner seeks the following reliefs:- “a) issue a writ of Mandamus or any other writ of the like nature, thereby directing the Respondent No.1 to 3 to demolish the entire illegal, unlawful and unauthorized construction being raised by the Respondent No.4 and 5 at the property bearing No. 3574-3575 and 3584, KATRA DINA BEG, LAL KUAN, DELHI-110006; 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 30/09/2026 at 12:42:08 b) issue a writ of Mandamus or any other writ of the like nature, thereby directing the Respondent No.1 to 3 to stop and restrain the Respondent No. 4 and 5 for further raising of illegal or unauthorized construction at property bearing No. 3574-3575 and 3584, KATRA DINA BEG, LAL KUAN, DELHI-110006, and further taking appropriate punitive action as per law by sealing the aforesaid property; c) pass any other or further order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Petitioner and against the Respondents.” 2. As borne out from the records available, it is an admitted position that the Show-Cause Notice dated 10.04.2026 qua the subject premises involved has been issued only to the “Owner/ Builder” and the petitioner only being a ‘Tenant’ is nothing but an occupant therein. Also, neither of the owner/ builder/ landlord of the subject premises involved has approached this Court. 3. In such circumstances, and even otherwise based on the pleadings herein, the petitioner does not have the locus to file the present petition, much less, since there is no violation of any of his fundamental rights as per the Constitution of India. 4. Further, learned counsel for MCD submits that, in fact the co-owner of the very same property had also approached this Court by way of a petition bearing W.P.(C)2515/2026, which, has already been disposed of by this Court on 20.05.2026. 5. In view of the aforesaid, there is no reason for issuance of notice 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 30/09/2026 at 12:42:08 and/ or continuing with the present writ petition. 6. As such, the present petition alongwith the pending applications is dismissed in limine. SAURABH BANERJEE, J SEPTEMBER 28, 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 30/09/2026 at 12:42:08