Disposed¶27

Karamveer and Ors. v. MCD and Ors.

Delhi HC5 Feb 2026W.P.(C)/1674/2026

Case brief

AI extract

What is this about?

W.P.(C) 1674/2026; CM APPL. 8091/2026; CM APPL. 8092/2026; CM APPL. 8093/2026; High Court of Delhi; Amit Bansal; MCD; Union of India; unauthorised construction; Khasra No. 407; H.No. 52; Village Dera; New Delhi 110074; CS (DJ) No.651/2025; Order XXXIV Rule 4 Civil Procedure Code 1908; 180 sq. yds.; property booked; writ petition disposed of; condonation of delay in re-filing.

What did the court decide?

Writ petition disposed of with a direction to the respondent/MCD to take appropriate action in accordance with law; pending applications stand disposed of; five days' delay in re-filing condoned; exemption application allowed; rights and remedies of the private respondents kept open. ¶27

Karamveer and Ors. Vs MCD and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether a direction should be issued to respondents no.1 to 3 to stop the alleged illegal and unauthorised construction at Khasra No. 407 (also H.No. 52), Village Dera, New Delhi - 110074.

¶17

Court's answer

As the property had already been booked by the respondent/MCD on the petitioners' complaint, no further orders were required; the writ petition is disposed of with a direction to the respondent/MCD to take appropriate action in accordance with law.

¶27

Ratio / Principle

CM APPL. 8093/2026 seeking condonation of five (5) days' delay in re-filing the petition is allowed and the delay stands condoned.

¶15

Key takeaways

CM APPL. 8092/2026 (exemption) is allowed subject to all just exceptions and stands disposed of.ratio¶11
All rights and remedies of the private respondents are kept open.obiter¶29
The petitioner is at liberty to pursue appropriate remedies in accordance with law for any further grievance regarding unauthorised construction.obiter¶30

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J.), order dated 05.02.2026 in W.P.(C) 1674/2026: Petitioners sought a direction to respondents no.1 to 3 to stop alleged illegal and unauthorised construction at Khasra No. 407 (also H.No. 52), Village Dera, New Delhi - 110074. The Court noted a pending civil suit, CS (DJ) No.651/2025, between the petitioners and the private respondents, in which an order dated 24th December, 2025 (passed on the private respondents' application under Order XXXIV Rule 4 of the Civil Procedure Code, 1908) permitted the private respondents to continue construction in a portion of 180 sq. yds.; the petitioners contended unauthorised construction was continuing under the garb of that order. Counsel for respondent/MCD submitted that on the petitioners' complaint the property had already been booked by MCD. Finding no further orders necessary, the Court disposed of the writ petition directing MCD to take appropriate action in accordance with law; pending applications were disposed of; the five days' delay in re-filing was condoned; the exemption application was allowed; and the rights and remedies of the private respondents were kept open.

¶1

$~55

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1674/2026, CM APPL. 8091/2026, CM APPL. 8092/2026 & CM APPL. 8093/2026

¶4

KARAMVEER AND ORS. .....Petitioners Through: Mr. Ankit Kothari and Mr. Anukool Chawla, Advocates.

¶5

versus

¶6

MCD AND ORS. .....Respondents Through: Mr. Pranav Gambhir, Advocate for R- 1 & R-3. Mr. Sanjeev Sabharwal, SPC with Ms. Shweta Singh, Advocate for UoI. Mr. Bharat Ahuja, Advocate for R-5 to R-8.

¶7

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

¶8

O R D E R

¶9

% 05.02.2026

¶10

CM APPL. 8092/2026 (exemption)

¶11

Allowed, subject to all just exceptions.

¶12

The application stands disposed of.

¶13

CM APPL. 8093/2026 (for condonation of delay)

¶14

This application has been filed seeking condonation of five (5) days’ delay in re-filing the petition.

¶15

For the reasons stated, the application is allowed. The delay in refiling the petition stands condoned.

¶16

W.P.(C) 1674/2026

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The present writ petition has been filed seeking a direction to respondents no.1 to 3 to stop the illegal and unauthorised construction at Khasra No. 407 (Also at H.No. 52), Situated at Village Dera, New Delhi –

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W.P.(C) 1674/2026

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Page 1 of 2

¶20

This is a digitally signed order.

¶21

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 07/02/2026 at 13:13:32

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110074 .

¶23

It is stated that a civil suit has been filed by the petitioners against the private respondents, being CS (DJ) No.651/2025, which is stated to be pending.

¶24

In the aforesaid civil suit, an order has been passed on 24^th December, 2025, on an application filed by the private respondents under Order XXXIV Rule 4 of the Civil Procedure Code, 1908, in terms of which the private respondents were permitted to continue construction in the portion of 180 sq. yds.

¶25

It is the case of the petitioners that the private respondents are carrying out unauthorised construction under the garb of the said order.

¶26

Counsel appearing on behalf of the respondent/MCD on advance notice submits that on the basis of the complaint filed by the petitioners, the aforesaid property has been booked by the respondent/MCD. 10. In view of the above, no further orders are required to be passed in the present writ petition.

¶27

Accordingly, the writ petition is disposed of while directing the respondent/MCD to take appropriate action in accordance with law.

¶28

Pending applications also stand disposed of.

¶29

Needless to state, all rights and remedies of the private respondents are kept open.

¶30

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

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AMIT BANSAL, J

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FEBRUARY 5, 2026/ Vivek/-

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W.P.(C) 1674/2026

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Page 2 of 2

¶35

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 07/02/2026 at 13:13:32

Karamveer and Ors. v. MCD and Ors.

Case brief

What is this about?

What did the court decide?

Karamveer and Ors. v. MCD and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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