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2026 DAILYLAW 976 (DEL)

YASH JAGGARWAL v. MUNICIPAL CORPORATION OF DELHI (T)HROUGH ITS COMMISSIONER & ORS.

CONT.CAS(C)/539/2026 · 2026-04-02

Sachin Datta

Writ Petition (Civil)body2026

Judgment text

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$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 539/2026 YASH JAGGARWAL .....Petitioner Through: Mr. Yogesh Sharma and Ms. Pratima Ravi, Advs. versus MUNICIPAL CORPORATION OF DELHI (T)HROUGH ITS COMMISSIONER & ORS. .....Respondents Through: Mr. Bharat Malhotra, Adv., MCD. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 02.04.2026 O R D E R 1. The present petition alleges wilful disobedience of the directions contained in the order dated 19.02.2026 passed in W.P.(C) 2387/2026. The said order reads as under: “1. The present writ petition has been filed seeking a direction to the respondent no.1 to take action against unauthorised construction being raised at property bearing No. 1673 & 1674, Gali No. 65 Regar Pura, Karol Bagh, New Delhi-110005 (hereinafter the ‘subject property’). The petitioner has filed photographs along with petition to show unauthorised construction. 2. Counsel appearing on behalf of the respondent no.1/MCD submits that the petitioner stays at least 300 meters away from the subject property and the petition does not disclose any grievance with regard to the aforesaid construction. 3. On the merits, it is submitted that the construction being carried out on the subject property is pursuant to a sanctioned building plan under the SARAL scheme. 4. Counsel for the respondent no.1/MCD submits that upon the completion of construction, the MCD shall duly inspect the property to 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 09/04/2026 at 12:20:06 determine deviation, if any, from the sanction plan and take action as per law. 4.1. Statement is taken on record and MCD shall be bound by the same. 5. A direction is issued to the respondent no.1/MCD to ensure that no additional floors are constructed by the owner/occupiers of the subject property which are in excess of the sanctioned plan. 6. In view of the order passed above, the writ petition stands disposed of.” 2. The petition is premised on the apprehension that the Municipal Corporation of Delhi (MCD) has not complied with the aforesaid directions as a result of which, substantial unauthorized construction has been raised in the property in question. 3. In support of this contention, reliance is placed on the photographs filed as Annexure-P4 to the present petition. 4. Mr. Bharat Malhotra, learned counsel for the MCD, who appears on advance notice, submits that the apprehension of the petitioner is misconceived. He further submits that the concerned property was duly inspected by the MCD on 24.02.2026, whereupon unauthorized construction was found to be in existence. Consequently, a demolition notice was issued in respect of the property in question. He submits that demolition action has now been scheduled on 10.04.2026. 5. Let the demolition of unauthorized construction be undertaken on 10.04.2026 after complying with applicable rules and procedures. The MCD shall ensure that the removal of the unauthorized construction is taken to its logical conclusion. 6. The SHO, PS Prasad Nagar is directed to render necessary cooperation to ensure that there is no hindrance in demolition action proposed to be taken by the MCD. 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 09/04/2026 at 12:20:06 7. Taking the above statement on behalf of the MCD on record and with the aforesaid observations, the present petition is disposed of. 8. Let a compliance affidavit be filed by the MCD within a period of six weeks from today. SACHIN DATTA, J APRIL 2, 2026/cl 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 09/04/2026 at 12:20:06