Mohd Irshad Ali Vs Municipal Corporation of Delhi and Ors. — Delhi HC (2026) — LawSathi Research

Mohd Irshad Ali Vs Municipal Corporation of Delhi and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent no.1/MCD to take appropriate action in accordance with law regarding the unauthorised construction; pending applications stand disposed of.

Issue for consideration

Whether a direction should issue to respondent no.1/MCD to demolish the illegal and unauthorised construction being carried out by respondents no.3 to 7 at H.No. A-41/3, New no.100, Khasra no.300, Gali no.06, Gurudwara Mohalla, Maujpur, Delhi-110053 (subject property).

Court's answer

In view of the status report (inspection on 13.04.2026, booking of the unauthorised construction and issuance of show-cause notice), the writ petition is disposed of while directing respondent no.1/MCD to take appropriate action in accordance with law.

Key takeaways

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.obiter¶¶19
All rights, contentions and legal remedies of the private respondents no.3 to 7 are kept open.obiter¶¶20

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J; order dated 20.05.2026) disposed of W.P.(C) 3172/2026 in which Mohd Irshad Ali sought a direction to the Municipal Corporation of Delhi to demolish the illegal and unauthorised construction being carried out by respondents no.3 to 7 at H.No. A-41/3, New no.100, Khasra no.300, Gali no.06, Gurudwara Mohalla, Maujpur, Delhi-110053. Per MCD's status report taken on record, the subject property was inspected on 13.04.2026 and the unauthorised construction — the entire ground, first, second and third floors with projections on government/municipal land — was booked on the same day and a show-cause notice issued. In view thereof the Court disposed of the petition directing MCD to take appropriate action in accordance with law, left the petitioner free to pursue appropriate remedies for any further grievance, kept all rights, contentions and legal remedies of private respondents no.3 to 7 open, and disposed of the pending applications (CM APPL. 15277/2026 and CM APPL. 15278/2026).

$~8

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 3172/2026, CM APPL. 15277/2026 & CM APPL. 15278/2026

MOHD IRSHAD ALI .....Petitioner

Through: Mr. Bhanu Malhotra and Mr. Rishabh Atri, Advocates.

versus

MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Umakant Mishra, Standing Counsel for MCD with Mr. Aadhar Nautiyal, Mr. Dipansh Mishra, Ms. Shankey Katiyar and Ms. Nidhi Ahlawat, Advocates for MCD. Mr. Piyush Gupta, Mr. Sudhanshu Sharma, Ms. Himanshi Soni and Ms. Deepanshi Gupta, Advocates for R-3 & 4.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

%

O R D E R 20.05.2026

The present writ petition has been filed seeking a direction to the respondent no.1/ MCD to demolish the illegal and unauthorised construction being carried out by respondents no.3 to 7 at property bearing H.No. A-41/3, New no.100, Khasra no.300, Gali no.06, Gurudwara Mohalla, Maujpur, Delhi-110053 (hereinafter ‘ subject property ’).

A status report has been handed over in Court today and the same is taken on record.

W.P.(C) 3172/2026

Page 1 of 2

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 23/05/2026 at 12:48:39

As per the status report, the subject property was inspected on 13^th April, 2026 and unauthorized construction in the shape of entire ground floor, first floor, second floor and third floor with projections on government/ municipal land has been booked on 13^th April, 2026 and a show-cause notice has been issued.

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

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.

All rights, contentions and legal remedies of the private respondents no.3 to 7 are kept open.

Pending applications stand disposed of.

AMIT BANSAL, J

MAY 20, 2026 Rzu

W.P.(C) 3172/2026

Page 2 of 2

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 23/05/2026 at 12:48:39