Santosh Kumar Vs Govt of NCT of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2026)

Santosh Kumar Vs Govt of NCT of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of along with pending applications, with the MCD bound to its standing counsel's assurance to take appropriate action including sealing/demolition of illegal and unauthorized construction at CA/24, Shalimar Bagh, New Delhi, after conclusion of the personal hearing; hearing fixed for 13.07.2026 cancelled.

Issue for consideration

Whether a mandamus should issue directing the respondents to immediately stop, seal and take enforcement action, and to demolish unauthorized portions, in respect of the ongoing illegal and unauthorized construction at Flat No. C-A/24-D, 23-D and 23-E, Shalimar Bagh, New Delhi.

Court's answer

In view of the statement of the learned standing counsel for the MCD, and binding the MCD to the same (that the MCD shall take appropriate action including sealing/demolition of illegal and unauthorized construction at CA/24, Shalimar Bagh, New Delhi, after the personal hearing), the Court disposed of the present petition along with pending applications, if any.

Ratio / Principle

Consequent upon disposal of the petition, the next date of hearing fixed for 13.07.2026 stands cancelled.

Detailed headnote1 paragraphs

Order (Jasmeet Singh, J., 29.04.2026, High Court of Delhi) in W.P.(C) 2250/2026, Santosh Kumar v. Govt of NCT of Delhi and Ors., together with connected CM APPL. 28539/2026 under Section 151 CPC. The writ petition under Article 226 sought mandamus against Respondents 1 and 2 to stop, seal and take enforcement action against ongoing illegal and unauthorized construction at Flat No. C-A/24-D, 23-D and 23-E, Shalimar Bagh, New Delhi, demolition of unauthorized portions in accordance with the DMC Act and Building Byelaws, and interim stay of construction. The learned standing counsel for the MCD stated that a personal hearing was listed before the MCD at 3:00 PM that day and assured that the MCD shall take appropriate action including sealing/demolition of illegal and unauthorized construction at CA/24, Shalimar Bagh, after the hearing. Binding the MCD to that statement, the Court disposed of the petition along with pending applications and cancelled the hearing listed for 13.07.2026.

$~161

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 2250/2026

SANTOSH KUMAR ....Petitioner

Through: Appearance not given versus

GOVT OF NCT OF DELHI AND ORS .....Respondents

Through: Mr. Mayank Bamniyal, Adv. for R2 Mr. Puneet Yadav, Adv., SC for R3/MCD Mr. Yash Basoya, Ms. Nikita Goyal, Ms. Sonakshi Agarwal, Advs. for R4

Mr Ravi Mishra, Ms Tanisha Bhatia, Ms Anjali Chaudhary, Mr Daksh Sehgal, Advs. for R5

CORAM:

HON’BLE MR. JUSTICE JASMEET SINGH

O R D E R

%

29.04.2026

CM APPL. 28539/2026

This is an application filed under Section 151 of CPC, 1908 seeking the following prayers:-

“(a) Issue the direction to the concerned agency i.e. respondent No.1,2 & 3 to take immediate step to stop the ongo1ng illegal and unauthorized construction over the said property i.e. 23-D, CA Block, Shalimar Bagh, North West, New Delhi and 24-D, CA Block, Shalimar Bagh, North West, New Delhi, in the interest of justice.

(b) Pass ad-interim order/ orders thereby directing the above said respondents to stop ongoing illegal and unauthorized construction over the said property. ...”

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 06/05/2026 at 12:54:46

For the reasons stated in the application, issue notice.

Mr. Bamniyal, learned counsel, Mr. Yadav, learned standing counsel, Mr. Basoya, learned counsel, and Mr. Mishra, learned counsel accepts notice on behalf of the respondent No. 2, 3, 4 and 5, respectively.

The main writ petition is taken up for final hearing. W.P.(C) 2250/2026

This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-

“A. Issue a writ, order or the direction in the nature of the Mandamus against the Respondent No.1 and 2 to immediately stop, seal and take enforcement action against the ongoing illegal and unauthorized construction at Flat No. C- A/24-D, 23- D and 23-E, Shalimar Bagh, New Delhi.

B. Direct for demolition of all unauthorized, unsafe, and illegally constructed portions of Flat No. C-A/24-D, 23-D and 23-E in accordance with the DMC Act and Building Byelaws. C. Pass Interim Order for granting immediate stay of all construction activities at Flat No. C-A/24-D pending disposal of this Petition.”

Mr. Yadav, learned standing counsel for the MCD, states that the personal hearing is listed before the MCD at 3:00 PM today. He further assures that the MCD shall take appropriate action including sealing/demolition of illegal and unauthorized construction at property being CA/24, Shalimar Bagh, New Delhi, after the conclusion of the personal hearing.

In view of the said statement of learned standing counsel for the MCD

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 06/05/2026 at 12:54:46

and binding the MCD to the same, the present petition is disposed of, along with pending applications, if any.

Next date of hearing i.e., 13.07.2026 stands cancelled.

JASMEET SINGH, J

APRIL 29, 2026/AS

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 06/05/2026 at 12:54:46