Disposed¶27

Jarina v. Municipal Corporation of Delhi

Delhi HC17 Mar 2026W.P.(C)/3412/2026

Case brief

AI extract

What is this about?

Delhi High Court order dated 17.03.2026 (Amit Bansal, J.) in W.P.(C) 3398/2026 & W.P.(C) 3412/2026 — Shahnaz and Jarina v. Municipal Corporation of Delhi: apprehended demolition of residential properties; unauthorised construction; no show cause notice received (Ground 'C'); undertaking by MCD to act per Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1; statements taken on record; petitions and pending applications disposed.

What did the court decide?

Both writ petitions and all pending applications disposed of, with MCD's statements taken on record: no action against unauthorised construction without issuance of a show cause notice to the petitioner, and any action to be in accordance with Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1. ¶27

Jarina Vs Municipal Corporation of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the respondent/MCD seeks to demolish the petitioners' properties without following the due process of law, more particularly the due process laid down in the Supreme Court's judgment in Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1. +1 more

¶18

Court's answer

The Court took on record the statements of MCD (made through its senior counsel) that MCD shall not take action against any unauthorised construction without the issuance of a show cause notice to the petitioner, and that any action taken by MCD shall be in accordance with the Supreme Court's judgment in Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1.

¶26

Ratio / Principle

In view of the statements taken on record, the present writ petitions, along with all pending applications, stand disposed of.

¶27

Detailed headnote1 paragraphs

W.P.(C) 3398/2026 (Shahnaz) & W.P.(C) 3412/2026 (Jarina) v. Municipal Corporation of Delhi — High Court of Delhi, order of Amit Bansal, J., dated 17.03.2026. Fresh writ petitions filed pursuant to liberty granted in the Court's order dated 11 March 2026 disposing of the petitioners' earlier petitions (W.P.(C) 3020/2026 and W.P.(C) 3021/2026), which were withdrawn as their averments were vague on whether the petitioners' properties encroach upon the public drain. The present petitions expressed apprehension that MCD seeks to demolish the petitioners' properties without following due process of law, particularly the Supreme Court's judgment in Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1; the petitioners also stated (Ground 'C') that they had not received any formal show cause notice regarding their residential house being illegally structured. MCD (through Mr. Sanjay Poddar, Senior Advocate) submitted that it shall not take action against any unauthorised construction without issuance of a show cause notice, and that any action shall accord with the said Supreme Court judgment. Taking the statements on record, the Court disposed of the petitions along with all pending applications.

¶1

$~73 and 78

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 3398/2026, CM APPL. 16325/2026 & CM APPL. 16326/2026

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SHAHNAZ .....Petitioner Through: Mr. Divyesh Pratap Singh, Mr. Bharat Mishra, Mr. Amit Sangwan & Ms. Prashantipriya Tiwari, Advocates.

¶5

versus

¶6

MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Sanjay Poddar, Senior Advocate with Mr. Siddhant Nath, Standing Counsel for MCD with Mr. Amaan Khan, Mr. Bhavishya Makhija & Mr. Govind, Advocates for MCD. Mr. Manoj, EE MCD. 78 + W.P.(C) 3412/2026, CM APPL. 16384/2026 & CM APPL. 16385/2026 JARINA .....Petitioner Through: Mr. Divyesh Pratap Singh, Mr. Bharat Mishra, Mr. Amit Sangwan & Ms. Prashantipriya Tiwari, Advocates. versus

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Page 1 of 3

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W.P.(C) 3398/2026 & W.P.(C) 3412/2026

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This is a digitally signed order.

¶11

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 20/03/2026 at 13:44:51

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R

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% 17.03.2026

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The present writ petitions have been filed, pursuant to the liberty granted by this Court vide order dated 11^th March 2026, while disposing of the earlier writ petitions, being W.P.(C) 3020/2026 and W.P.(C) 3021/2026, filed by the petitioners. Paragraphs no.3 and 4 of the said order are set out below:

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“3. The averments in the petitions are also vague as to whether the properties of the petitioners are encroaching upon the public drain.

¶17

4. Accordingly, counsel for the petitioners seeks to withdraw the present writ petitions with liberty to file proper petitions with better particulars within one (1) week from today.”

¶18

The present writ petitions have been filed expressing an apprehension that the respondent/MCD seeks to demolish the properties of the petitioners, without following the due process of law, more particularly the judgment of the Supreme Court in Directions in the Matter of Demolition of Structures, In re , (2025) 5 SCC 1.

¶19

It is stated in Ground ‘C’ of the petitions that the petitioners have not received any formal show cause notice regarding their residential house being illegally structured.

¶20

Mr. Poddar, senior counsel appearing on behalf of the respondent/MCD, submits that MCD shall not take action against any unauthorised construction without the issuance of a show cause notice to the petitioner. He further submits that any action taken by the respondent/MCD shall be in accordance with the judgment of the Supreme Court in

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Page 2 of 3

¶22

W.P.(C) 3398/2026 & W.P.(C) 3412/2026

¶23

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 20/03/2026 at 13:44:51

¶24

Directions in the Matter of Demolition of Structures, In re , (2025) 5 SCC

¶25

¶26

The aforesaid statements are taken on record.

¶27

In view of the aforesaid statements, the present petition, along with all pending application(s), stands disposed of.

AMIT BANSAL, J

MARCH 17, 2026

Page 3 of 3

W.P.(C) 3398/2026 & W.P.(C) 3412/2026

¶33

This is a digitally signed order.

¶34

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 20/03/2026 at 13:44:51

Jarina v. Municipal Corporation of Delhi

Case brief

What is this about?

What did the court decide?

Jarina v. Municipal Corporation of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Coram

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