H K Gaur Vs Delhi Development Authority (Dda) & Ors. — Writ and Judicial Review | Delhi HC (2026)

H K Gaur Vs Delhi Development Authority (Dda) & Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of by directing the respondents to hear the petitioner and all concerned parties and pass a speaking order, and to take appropriate action in accordance with law expeditiously, not later than 8 weeks, in case of any illegal and unauthorized construction; petitioner at liberty to revive the petition in case no action is taken; respondent No. 2 to ensure that the petitioner's drainage pipes are not blocked.

Issue for consideration

Whether Respondent Nos. 1 and 2 were to be directed to inspect the site at Flats No. 315-A & 315-B, J & K Pocket, Dilshad Garden, Delhi and take statutory action, including demolition, under Sections 343, 344 and 345 of the DMC Act against the alleged illegal/unauthorized construction in the adjoining property. +1 more

Court's answer

The respondents shall pass a speaking order after hearing all the concerned parties.

Ratio / Principle

If there is any illegal and unauthorized construction, appropriate action shall be taken in accordance with law expeditiously and not later than 8 weeks from today.

Key takeaways

The petitioner will be entitled to revive the petition in case no action is taken by the respondent.ratio¶¶27
The respondent No. 2 shall ensure that the drainage pipes of the petitioner are not blocked in any way or manner.ratio¶¶28

Detailed headnote1 paragraphs

Delhi High Court (Jasmeet Singh, J., order dated 18.02.2026) disposed of a writ petition under Articles 226 and 227 of the Constitution of India filed by H K Gaur against the Delhi Development Authority (DDA) and others. The petitioner sought a mandamus directing Respondent Nos. 1 and 2 to inspect Flat Nos. 315-A & 315-B, J & K Pocket, Dilshad Garden, Delhi, and take statutory action under Sections 343, 344 and 345 of the DMC Act, including demolition of alleged illegal/unauthorized construction, and to initiate penal proceedings under the DMC Act and Building Bye-laws; a status report on the petitioner's complaints dated 28.11.2025 and 29.11.2025 was also sought. Counsel for respondent No. 2 (MCD) stated there was no ongoing illegal construction. The Court directed the respondents to hear all concerned parties and pass a speaking order and, if any illegal and unauthorized construction is found, to take appropriate action in accordance with law expeditiously and not later than 8 weeks; permitted the petitioner to revive the petition in case no action is taken; and directed respondent No. 2 to ensure that the petitioner's drainage pipes are not blocked.

$~2

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 1012/2026 & CM APPL. 4907/2026, CM APPL. 4908/2026, CM APPL. 4909/2026, CM APPL. 4979/2026

H K GAUR

.....Petitioner Through: Mr. Sabyasachi Mishra, Ms. Frankey Sharma, Advs.

versus

DELHI DEVELOPMENT AUTHORITY (DDA) & ORS.

.....Respondent Through: Mr Rohit Kathuria, Mr Harshit Sharma, Advs. for R-2/MCD Ms. Shahana Farah, Addl. Standing Counsel with Mr. Abhigyan, Ms. Reya Paul, Ms. Amruta Padhi, Ms. Nidhi Singh, Advs. for DDA Ms. Paul, Adv. for R-1

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

%

O R D E R 18.02.2026

This is a writ petition filed under Article 226 and 227 of the Constitution of India seeking the following reliefs:

I. “ Issue a writ of mandamus or any other appropriate writ, order ordirection directing Respondent Nos. 1 and 2 to immediately inspect the site at Flats No. 315-A & 315-B, J & K Pocket, Dilshad Garden, Delhi, and to take statutory

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 24/02/2026 at 12:42:44

action under Sections 343, 344, and 345of the DMC Act, include g demolition of illegal /unauthorized constructions; (main prayer)

II. Direct Respondent Nos. 1 and 2 to file a detailed status report indicating the steps taken on the Petitioner’s complaints dated 28.11.2025 and 29.11.2025;

III. Direct the Respondents to ensure that no further construction is carried out at the said premises without proper sanction andapproval;

IV. Direct initiation of penal proceedings against the violatorsRespondents No. 3 and 4 or their agents, sub-agents, attorneys, assignees, successors, legal representatives) under the DMC Act and relevant Building Bye-laws; (write provisions of the DMC act for penal proceedings)…”

Learned counsel for the petitioner states that there is a large scale illegal and unauthorized construction in the adjoining property, namely, Flat No. 315A and 315B and despite repeated requests and complaints of the petitioner, no action has been taken.

Mr. Kathuria, learned counsel appears on behalf of respondent No. 2, Ms. Paul, learned counsel appears on behalf of Ms. Farah, learned ASC for respondent No. 1.

It is stated by Mr.Kathuria, learned counsel that there is no ongoing illegal construction happening today. However, the petition can be disposed of by directing the respondents to hear the petitioner and dispose of his complaints regarding illegal and unauthorized

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 24/02/2026 at 12:42:44

construction.

The respondents shall pass a speaking order after hearing all the concerned parties and if there is any illegal and unauthorized construction, appropriate action shall be taken in accordance with law expeditiously and not later than 8 weeks from today.

The petitioner will be entitled to revive the petition in case no action is taken by the respondent.

The respondent No. 2 shall also ensure that the drainage pipes of the petitioner are not blocked in any way or manner.

JASMEET SINGH, J

FEBRUARY 18, 2026/sp

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 24/02/2026 at 12:42:44