Parveen Kumar Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

Parveen Kumar Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; no further orders passed in view of the ATMCD interim protection to respondent no.5; MCD to take appropriate action in accordance with law based on the outcome of respondent no.5's appeal before the ATMCD; petitioner at liberty to take appropriate remedies for any further grievance regarding unauthorized construction; rights, contentions and legal remedies of the owner/occupier remain protected.

Issue for consideration

Whether, in view of the interim protection granted by the ATMCD to respondent no.5 (interim order dated 12.01.2026 directing that no coercive steps be taken), any further orders can be passed in the present writ petition seeking MCD action against the alleged unauthorized construction at F-58, Mahipalpur.

Court's answer

In view of the ATMCD interim order granting protection to respondent no.5, no further orders can be passed in the present writ petition, and the writ petition is disposed of.

Ratio / Principle

The respondent/MCD shall take appropriate action in accordance with law, based on the outcome of the appeal preferred by respondent no.5 before the ATMCD.

Key takeaways

In the event the petitioner has any further grievance with regard to unauthorized construction, he is at liberty to take appropriate remedies in accordance with law.ratio¶26
All rights, contentions and legal remedies of the owner/occupier shall remain protected.ratio¶27

Detailed headnote1 paragraphs

Parveen Kumar v. Municipal Corporation of Delhi & Ors., W.P.(C) 11296/2025 (Delhi High Court, order dated 12.02.2026, Justice Amit Bansal): writ petition seeking directions to MCD to act against alleged unauthorized construction at F-58, near Jal Board, village Mahipalpur, New Delhi, disposed of. MCD had booked the unauthorized construction (19.09.2025) and issued a Show Cause Notice; pursuant thereto a demolition order was passed on 30.12.2025, which respondent no.5 challenged before the Appellate Tribunal, MCD ('ATMCD'). By interim order dated 12.01.2026 the ATMCD granted protection to respondent no.5 and barred coercive steps. Holding that no further orders could be passed, the Court disposed of the petition, directed MCD to take appropriate action in accordance with law based on the appeal's outcome, left the petitioner free to take appropriate remedies for any further grievance, and directed that all rights, contentions and legal remedies of the owner/occupier remain protected.

$~4

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 11296/2025

PARVEEN KUMAR .....Petitioner Through: Advocate through VC (appearance not given)

versus

MUNICIPAL CORPORATION OF DELHI

& ORS. .....Respondents

Through: Ms. Chand Chopra and Mr. Shivam Bansal, Advocates for R-4. Mr. Vijay Kr. Sharma, Advocate for R-5. Neeraj Kumar, Advocate for Delhi Police

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 12.02.2026

The present writ petition has been filed seeking directions to the respondent no.1/ MCD to take action against the building of respondents no.5 and 6, i.e. , F-58, near Jal Board, village Mahipalpur, New Delhi110037 (Khasra no. 852/2 and Khasra no. 853/1).

Status report has been filed on behalf of the respondent/ MCD, wherein it is stated that the subject property was inspected on 22^nd September, 2025. Subsequently, the unauthorized construction in the said property was booked by the respondent/ MCD on 19^th September, 2025 and a Show Cause Notice was issued to the owner/ occupier of the subject

W.P.(C) 11296/2025

Page 1 of 2

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 17/02/2026 at 12:58:05

property.

A reply has been filed on behalf of the respondent no.5.

3.1 The same is not on record.

3.2 A copy of the said reply has been handed over in Court, which is taken on record.

In the reply, it has been stated that pursuant to the aforesaid Show Cause Notice, a demolition order was passed by the respondent/ MCD on 30^th December, 2025. The aforesaid demolition order has been challenged by the respondent no.5 before the Appellate Tribunal, MCD (hereinafter ‘ATMCD’).

The ATMCD, vide interim order dated 12^th January, 2026, has granted protection to the respondent no.5 and directed that no coercive steps shall be taken against the said respondent.

In view of the aforesaid, no further orders can be passed in the present writ petition and the same is disposed of.

The respondent/ MCD shall take appropriate action in accordance with law, based on the outcome of the aforesaid appeal preferred by the respondent no.5.

In the event the petitioner has any further grievance with regard to unauthorized construction, he is at liberty to take appropriate remedies in accordance with law.

All rights, contentions and legal remedies of the owner/ occupier shall remain protected.

AMIT BANSAL, J

FEBRUARY 12, 2026

Vivek/-

W.P.(C) 11296/2025

Page 2 of 2

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 17/02/2026 at 12:58:05