Hemant Choudhary Vs Govt. of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2026)

Hemant Choudhary Vs Govt. of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of without issuing the prayed-for mandamus; Petitioner given liberty to submit representations within a week - to the CAQM (to be adjudicated by its Appellate Authority with reference to Section 12 of the CAQM Act, 2021) on GRAP Stage III & IV violations, and to the appropriate authority of the Municipal Corporation of Delhi on the alleged unauthorised construction - with assurance of consideration in accordance with law and of appropriate opportunity to Respondent Nos. 6-9 if any action is taken against them.

Issue for consideration

Whether Respondents Nos. 1 and 2 should be directed, by writ of mandamus under Article 226, to take immediate action by sealing construction sites in violation of GRAP Stage III & IV. +2 more

Court's answer

On prayer (a), the Court permitted the Petitioner to make a representation regarding the GRAP Stage III & IV violations within a week; any such representation is to be adjudicated by the Appellate Authority of the Commission, and appropriate action warranted under the law, taking into account Section 12 of the CAQM Act, 2021, is to be taken with expedition.

Ratio / Principle

On prayers (b) and (c), the Court permitted the Petitioner to represent before the appropriate authority of the Municipal Corporation of Delhi within a week, and that authority is to consider and decide the representation in accordance with law.

Key takeaways

If any action is taken against Respondent Nos. 6, 7, 8 and 9, the appropriate opportunity shall also be provided to them as per the requirement of the law.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia), 08.01.2026, disposed of a writ petition under Article 226 seeking (a) direction to Respondents 1 & 2 to seal construction sites in violation of GRAP Stage III & IV, (b) booking, removal, demolition and sealing of alleged unauthorised/illegal construction by Respondent Nos. 6-9, and (c) restraint on further illegal construction by Respondent Nos. 6-9. Instead of granting the mandamus, the Court permitted the Petitioner to make representations within a week - to the Commission for Air Quality Management (with adjudication by its Appellate Authority and action under Section 12 of the CAQM Act, 2021) and to the appropriate authority of the Municipal Corporation of Delhi - to be decided in accordance with law, clarifying that Respondent Nos. 6-9 must be afforded appropriate opportunity as required by law if any action is taken against them.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 19839/2025 HEMANT CHOUDHARY .....Petitioner Through: Petitioner-in-Person (through VC).

versus

GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Balendu Shikhar, Mr. Krishna Chaitanya, Mr. Rajkumar Maurya & Mr. Divyansh Singh, Advocates for Respondent No.2/DPCC.

Mr. Shashank Bajpai, CGSC along with Mr. Varun Pratap Singh, Ms. Aashna Mehra, Mr. Vatsal Tripathi & Mr. Govind Singh Chauhan, Advocates for Respondent No.5. Mr. Siddhant Nath, Standing Counsel along with Ms. Bhavishya Makhija & Mr. Amaan Khan, Advocates for MCD.

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CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R 08.01.2026

Heard the learned Counsel for the Parties.

This Petition has been filed with the following prayers:

“a) Issue a writ of mandamus or other suitable writ under Article 226 of the Constitution of India directing the Respondents no. 1 & 2 to initiate immediate action by sealing the sites for violation of graded response action plan (Grap Stage III & IV) was implemented in Delhi by the respondent no. 6, 7,8 & 9.

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 13/01/2026 at 13:28:04

b) Issue a writ of mandamus or other suitable writ under Article 226 of the Constitution of India directing the Respondents No.3 & 4 to book the property, take appropriate action for removal and demolition of the unauthorized and illegal construction carried out by the respondent no. 6, 7, 8 & 9, at the sites mentioned and subsequently seal the same which is illegal and unauthorized, as per there statutory duty.

c) Issue a writ of mandamus or other suitable writ under Article 226 of the Constitution of India directing the Respondent no. 4 & 5 to take steps to restrain Respondent no. 6, 7, 8 & 9 from raising further illegal construction at the sites mentioned.”

Prayer (a) as quoted above is in respect of initiating certain action against the construction sites which are set to be in violation of graded response action plan (GRAP Stage III & IV).

For the said purpose, we permit the Petitioner to make a representation to the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, within a week. If any such representation made, this shall be adjudicated the Appellate Authority of the said Commission and an appropriate action warranted under the law, taking into account Section 12 of the said Act, also be taken with expedition.

Prayers (b) and (c) made in the Writ Petition under certain complaints about demolition of unauthorized and illegal constructions said to have raised by Respondent Nos. 6, 7, 8 and 9.

For the said purpose, we also permit the Petitioner to represent before the appropriate authority of the Municipal Corporation of Delhi, within a week and the same shall be considered and decided in accordance with law.

We make it clear if any action is being taken against Respondent Nos.

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 13/01/2026 at 13:28:04

6, 7, 8 and 9, the appropriate opportunity shall also be provided as per the requirement of the law.

The Writ Petition stands disposed of.

DEVENDRA KUMAR UPADHYAYA, CJ

TEJAS KARIA, J

JANUARY 8, 2026 / ‘A’

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 13/01/2026 at 13:28:04