Sanjay Katyal & Anr. Vs Municipal Corporation of Delhi MCD through Its Commissioner & Anr.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 2453/2026 & CM APPL. 11920/2026

SANJAY KATYAL & ANR. .....Petitioners Through: Mr. Jatin Julka, Mr. Mrutunjay Mishra and Mr. Manish Chaudhary, Advocates (through VC) .

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versus

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MUNICIPAL CORPORATION OF DELHI MCD THROUGH ITS COMMISSIONER & ANR. .....Respondents Through: Ms. Mansi Gupta, Advocate for R-1/ MCD.

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Mr. Arun Batta, Mr. Puneet Bhatnagar and Ms. Richa Singhania, Advocates for R-2.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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%

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O R D E R 08.05.2026

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The present writ petition has been filed seeking a direction to the respondent no.1/MCD to take appropriate action against the unauthorised construction being carried out by the private respondent no.2 on the First Floor, Second Floor, with terrace and servant quarter of property bearing no. C-6, Kailash Colony, New Delhi – 110048 (hereinafter ‘subject property’). 2. The petitioner resides on the Ground Floor and basement of the subject property. It is the petitioner’s grievance that despite the regularisation proceedings in respect of the subject property, which are pending before the respondent no.1/MCD, and clear identification of non-

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W.P.(C) 2453/2026

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Page 1 of 4

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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 12/05/2026 at 13:24:21

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compoundable deviations, the respondent no.2 has continued to carry out active construction activities and structural additions, including works at upper levels beyond the existing structure.

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Status report dated 06^th May, 2025, has been handed over in Court on behalf of the respondent no.1/MCD, and the same is taken on record. The said status report states that:

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i. A demolition order dated 27^th June, 2019 was passed by SDMC in respect of the subject property.

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ii. A regularization order in respect of the existing construction on the First Floor and Second Floor of the subject property, including the servant’s quarter, was passed by the MCD on 19^th November, 2025, subject to the rectification of the non-compoundable deviations by the private respondents within one (1) week.

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iii. Thereafter the private respondent no.2 preferred an appeal against the demolition order dated 27^th June, 2019, which was set aside and remanded by the ATMCD vide order dated 22^nd January, 2026.

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iv. Pursuant to the order dated 22^nd January, 2026 passed by the ATMCD, the site was inspected again by the MCD and a speaking order dated 5^th May, 2026 has been passed, which has been filed along with the status report as Annexure-D. The relevant extracts from the said order are set out below:

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W.P.(C) 2453/2026

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Page 2 of 4

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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 12/05/2026 at 13:24:21

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In terms of the above speaking order 15 days’ time has been given to the respondent no. 2 to carry out the necessary demolition in respect of the aforesaid unauthorised constructions/ deviations which are noncompoundable in nature.

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In view thereof, the present writ petition is disposed of while directing the respondent no.1/MCD to take action in accordance with law, after complying with all statutory requirements.

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

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W.P.(C) 2453/2026

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Page 3 of 4

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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 12/05/2026 at 13:24:21

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accordance with law.

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All rights, contentions and legal remedies of the private respondent no.2 are kept open.

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AMIT BANSAL, J

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MAY 8, 2026 Rzu

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W.P.(C) 2453/2026

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Page 4 of 4

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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 12/05/2026 at 13:24:21

Sanjay Katyal & Anr. v. Municipal Corporation of Delhi MCD through Its Commissioner & Anr.

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Sanjay Katyal & Anr. v. Municipal Corporation of Delhi MCD through Its Commissioner & Anr.

Case brief

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