$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010468482026 + W.P.(C) 14405/2026, CM APPL. 67490/2026 HARPAL SINGH .....Petitioner Through: Mr. V.P. Rana, Ms. Bhawana, Mr. Roopanshu Malik, Ms. Rut Pawar, Advs. [+9811165700] versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Srijan Sinha, Mr. Rishi Chouksey, Ms. Surbhi Jain, Advs. for MCD [+7470706718] Mr. Niraj Kumar, Adv. for Delhi Police [+9810020341] CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 28.09.2026 1. By virtue of the present petition under Article 226 of the Constitution of India, the petitioner seeks the following relief: “(a) To quash and set aside the order dated 31.08.2026 passed by Assistant Engineer (Building-II), Rohini Zone, Municipal Corporation of Delhi in respect of the property of the Petitioner Ad measuring 100 Sq. Yds. comprised in Khasra no. 94 at Village Saiyed, Nangloi Saiyed, Delhi- 110087; and/or” 2. At the outset, it is an admitted position that prior to this, an earlier writ petition being W.P.(C) 9594/2024 entitled ‘Sh. Satya Pal vs. Municipal Corporation of Delhi & Ors.’, was also filed regarding the very 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 01/10/2026 at 12:08:05 same subject property, wherein the petitioner herein had been impleaded as the respondent no.3 therein. In fact, the petitioner as respondent no.3 therein was duly represented and was a part of the proceedings therein. 3. In fact, the said W.P.(C) 9594/2024 was disposed of by this Court vide order dated 19.02.2026, in the presence of the learned counsel appearing for the petitioner herein, as the respondent no.3 therein, as under:- “1. The present writ petition has been filed seeking a direction to the respondents no.1 and 2 to seal/ demolish the shops and commercial activities at RZ-19/A, near Valmiki Mandir, Syed Gaon, Nangloi Syed, Paschim Vihar, Delhi- 110087 and behind RZ-19 Near Valmiki Mandir Nangloi Syed, Paschim Vihar, Delhi-ll0087 (hereinafter ‘subject properties’). 2. In the latest status report filed on behalf of the respondent no.1/ MCD on 16th February, 2026, it has been stated that upon joint inspection of the subject properties carried out, it has come to light that the subject properties have encroached the right of way of the roads shown in the development plan prepared by DDA. Paragraph 7 of the said status report is set out below: 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 01/10/2026 at 12:08:05 3. In view of the aforesaid status report, MCD is directed to take action against the encroachments in accordance with law. 4. In view of the above, the present writ petition stands disposed of. 5. In the event the petitioner has any further grievance with regard to encroachment, he is at liberty to take appropriate remedies in accordance with law. 6. All rights, contentions and legal remedies of the respondents no.3 and 4 are kept open.” 4. Upon a specific query from the learned counsel for the petitioner herein, it is confirmed that there is no dispute that the petitioner was well aware of the earlier order dated 19.02.2026 passed by this Court, and that there has never been any challenge thereto by the said petitioner. In fact, he candidly submits that the petitioner has not taken any steps qua the same as on date as well. 5. As emerging from the factual matrix on record, the impugned order dated 31.08.2026 passed by the respondent/ MCD is only in furtherance of the earlier order dated 19.02.2026. 6. To this, learned counsel for the petitioner submits that though the petitioner herein is not disputing the same, it is only the manner in which it has been issued, which is sought to be challenged by the petitioner herein. 7. Further, it is also not in dispute that the impugned Show-Cause Notice has been issued regarding Plot no.RZ-19/A, Near Valmiki Mandir, Sayed Gaon, Syed Nangli, Paschim Vihar, Delhi, which is behind RZ-19, Near Valmiki Mandir, Nangloi Sayed, Paschim Vihar, Delhi, whereas, the 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 01/10/2026 at 12:08:05 present petitioner, as per memo of parties and the affidavit annexed herewith, is admittedly a resident of RZ-34, Khasra No.94, Village Saiyed Kalan, Village Nangloi, Delhi-110 087, which clearly does not show any locus for the petitioner to file the present petition. None of the petitioner’s personal/ fundamental rights are affected by the actions of the respondent/ MCD, and that too in consonance with law. 8. As such, considering the aforesaid factual matrix, the order dated 19.02.2026 wherein categoric directions were issued in the presence of learned counsel who was representing the petitioner/ respondent no.3 therein, as also considering that the petitioner does not have any title documents in his favour qua the subject property involved, and as borne out from the memo of parties herein, the petitioner is admittedly not a resident of the subject property qua which the order of demolition has been passed by the respondent/MCD and since the petitioner is unable to show as to how he is an affected party or he has any personal grievance/ element involved therein, there was no requirement of issuance of a Show- Cause Notice by the respondent/ MCD to be served to him qua the said property. 9. In view of the aforesaid facts, the present petition under Article 226 of the Constitution of India, per se, is not maintainable in the eyes of law and as such, is dismissed in limine. SAURABH BANERJEE, J SEPTEMBER 28, 2026/Ab 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 01/10/2026 at 12:08:05