Smt Preeti Sharma & Ors. Vs Municipal Corporation of Delhi & Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 1515/2026 with CM APPL. 7407/2026 and CM APPL. 21619/2026

SMT PREETI SHARMA & ORS. .....Petitioners Through: Ms. Deepali Verma, Ms. Mallika Aggarwal and Mr. Jayant Singh Chauhan, Advocates along with petitioners in person. Mr. V.P. Sharma, Advocate.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Kapil Dutta, SC with Ms. Akanksha Gupta, Advocate for MCD. Ms. Urvi Mohan and Ms. Mahika Bisht, Advocates for R-2 & 3. Ms. Snehlata S. Surana, CGSC with Mr. Sarthak Rana (GP), Mr. Faisal Ishtique, Mr. Pradyumn Singh and Ms. Humaira Khan, Advocates for R- 4.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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%

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O R D E R 21.07.2026

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The present writ petition has been filed seeking to restrain the respondent no.1/MCD from taking any demolition action in respect of the residential apartments of the petitioners (hereinafter ‘subject flats’) in Oriental Cooperative Group Housing Society Ltd. (hereinafter ‘Society’), Plot No. 32, I.P. Extension, Patparganj, East Delhi–110092.

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W.P.(C) 1515/2026

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Page 1 of 5

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This is a digitally signed order.

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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 24/07/2026 at 12:40:57

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To be noted, the present writ petition is a combined action by 15 petitioners who claim to own separate flats in the Society. The petition is supported by an affidavit of the petitioner no.1, i.e., Smt. Preeti Sharma who has a letter of authority in her favour from the remaining petitioners.

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Counsel for the petitioners submits that the petitioners are senior citizens and are facing a threat of demolition of the subject flats without issuance of any statutory notice, grant of personal hearing or passing of any demolition order.

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While issuing notice in the petition on 3^rd February, 2026, this Court had granted interim protection in favour of the petitioners.

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Earlier, a writ petition being W.P.(C) 11482/2021 was filed before this Court titled R.K. Sharma v. Registrar Coop. Societies Govt. of NCT of Delhi alleging large scale illegal construction raised by various members in their residential units in the society.

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In the order passed by the Division Bench in the aforesaid writ petition on 4^th February, 2025, the submission of MCD was noted that action has been taken against the illegal construction and further action would be taken.

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The aforesaid writ petition was disposed of vide order dated 10^th September, 2025.

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Status report has been filed on behalf of the respondent no.1/MCD. The details of action taken against the flats of the petitioners no. 1,3,4,7,8, and 10-14 as stated in paragraph 20 of the status report are set out below:

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W.P.(C) 1515/2026

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Page 2 of 5

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This is a digitally signed order.

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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 24/07/2026 at 12:40:57

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S. No.	Flat Nos.	Booking file No. & Date	Date of passing of Demolition Order	Date of action proposed but no force made available.	Action Taken
1.	Flat No. 1,9,11,12,13 Block- C	448/UC/SS Dated 13/07/2018	11/09/2018	11/03/2024 04/03/2025 21/09/2025 20/11/2025	 07/01/2019 The encroachment on the rear portion of C-1 has been removed and encroachment removed by the owner of flat NO. C-9 himself.  Owners of flats also shown desired of self demotion and removed rojection
2.	Flat No. 1,2,3,4,5,6,7,8,9,10,11,12,13,15, Block- B	449/B/UC/SS Date 13/07/2018	11/09/2018	11/03/2024	p Owner of flats also shown desired of self demotion and removed projections.
3.	Flat No. 1,3,5,6 & 7, Block – A	450/B/UC/SS Dated 13/07/2018	11/09/2018	11/03/2024	 On 19/05/2025 Action was taken at Flat No. 1 & 3 of A- Block by way of demolishing T- Iron Shade and removal of projection
4.	Flat No. 1, Block – D & Flat No. 1,2,5,6 of Block- E	451/ B/UC/SS Date 13/07/2018	11/09/2018	24/05/2022 19/07/2022 10/08/2022 11/03/2024	 On 29/06/2022 Demolition action wherein demolition/ removal of deviation in the shape of removal/ dismantle of projection exists in the flat No. 01, D- Block Oriental Society was carried out.  On 29.08.2022, 27.09.2022,

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W.P.(C) 1515/2026

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Page 3 of 5

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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 24/07/2026 at 12:40:57

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					  	action was taken wherein projection of flat No. E – 5 , E – 6 was partly removed. On 10/07/2025, projection over the balcony of Flat No. D-1 had been removed On 04.03.2025 & 01.05.2025, T- iron stone slabs projections of flat No. E-5 backside, E 1 & E- 2 have been removed. On 19.06.2025, Owners of flat E – 6 shown desired of self demotion and removed projections.
5.	Flat No. 1,9,12 & 14, F – Block,	452/B/UC/SS Date 13/07/2018	11/09/2018	11/03/2024		Owner of flats also shown desired of self demotion and removed projections.

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Along with the status report, the respondent no.1/MCD has placed on record show-cause notices issued to the various flat owners in the Society as well as the demolition orders.

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Having perused the status report, in the opinion of this Court, the petitioners have to ventilate their individual grievances by invoking appropriate statutory remedy, i.e., by filing appeals before the Appellate Tribunal, MCD (‘ATMCD’).

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In view thereof, the present writ petition is disposed of while giving

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W.P.(C) 1515/2026

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Page 4 of 5

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This is a digitally signed order.

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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 24/07/2026 at 12:40:57

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liberty to the petitioners to file individual appeals before the ATMCD within a period of three (3) weeks from today.

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Since there is an interim protection granted in favour of the petitioners with effect from 3^rd February, 2026, it is directed that the interim protection shall continue to operate for a further period of three (3) weeks in order to enable the petitioners to invoke their statutory remedy of appeal.

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AMIT BANSAL, J

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JULY 21, 2026 Rzu

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W.P.(C) 1515/2026

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Page 5 of 5

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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 24/07/2026 at 12:40:57

Smt Preeti Sharma & Ors. v. Municipal Corporation of Delhi & Ors.

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Smt Preeti Sharma & Ors. v. Municipal Corporation of Delhi & Ors.

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