$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010473532026 + W.P.(C) 14542/2026, CM APPL. 68173/2026, CM APPL. 68174/2026 H S SHARMA .....Petitioner Through: Mr. Bharat Sharma and Ms. Garima Upadhyay, Advs. (M-9568899996) versus GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sumit K. Batra and Ms. Priyanka Jindal, Advocates for R1/GNCTD Ms Namrata Mukim Standing Counsel for MCD and Ms Niharika Singhm Advocate for MCD (M- 9899106515) Mr. Niraj Kumar, Sr. Central Govt. Counsel for Delhi Police (M- 9810020341) CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 30.09.2026 1. By virtue of the present petition under Article 226 of the Constitution of India, the petitioner seeks the following reliefs: “A. Issue an appropriate Writ/ Order or direction in the nature of Mandamus commanding the Respondent No 2 MCD, to immediately remove all obstructions erected to window, air conditioner and restore window and their iron safety grills to its original shape, in the petitioner's property namely LGF, P-5, South Ex Part-2, New Delhi, and to further ensure unobstructed flow of natural air, light and due and proper ventilation in the premises and to allow petitioner to install the outdoor unit of the split air conditioner in the area of the setback for proper ventilation and further permit petitioner to carry out water proofing treatment and repair and maintenance of the outer walls of the his premises facing the municipal roads; 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 05/10/2026 at 11:17:11 B. Issue an appropriate Writ I Order direction in nature of Mandamus commanding the Respondents to ensure the safety and security of the Petitioner and his staff, life, liberty and property is not compromised in any manner; and C. Pass such other and further Writ/Order directions as may be deemed fit and proper and, in the facts, and circumstances of the case in the interest of justice.” 2. At the outset, learned counsel appearing for the respondent no.2/ MCD submits that present petition is, per se, not maintainable inasmuch as the petitioner by way of the present writ petition is trying to call upon this Court to adjudicate his personal/ private disputes with the person residing in the upper ground floor, who has admittedly not been impleaded as a party. in any event, relying upon Clause 2.0.1.(d).iv of the Unified Building Bye-Laws of Delhi, 2016, she submits that there is no requirement for any person to seek any permission from the MCD for making any addition/ alteration in nature of “… …opening and closing windows, ventilators and doors opening within the owner’s plot… …”. 3. Prima facie, this Court is of the opinion that the petitioner under the garb of the present writ petition is only seeking to enforce tortious liability, which cannot be allowed. 4. However, at this stage, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to seek appropriate remedies in accordance with law. 5. As such, the present petition, alongwith the pending applications, is dismissed as withdrawn. SAURABH BANERJEE, J SEPTEMBER 30, 2026/So 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 05/10/2026 at 11:17:11