Sh Chandan Lal Yadav Vs the Comissioner MCD and Anr. — Delhi HC (2026) — LawSathi Research

Sh Chandan Lal Yadav Vs the Comissioner MCD and Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the present writ petition, which challenges the ATMCD order dated 1st April, 2026 dismissing the petitioner's interim-stay application and raises the same grounds as the brother's dismissed petition (W.P.(C) 5307/2026), should be entertained and granted relief.

Court's answer

The present writ petition raises the same grounds as W.P.(C) 5307/2026 (Daya Chand Yadav v. The Commissioner, MCD and Anr) and is fully covered by this Court's order dated 20th April, 2026 dismissing that petition; accordingly, the present writ petition is dismissed.

Ratio / Principle

As recorded in the impugned order and relied upon by this Court (order dated 20th April, 2026, recited herein), there are non-compoundable projections on the municipal land on all the floors of the property, and there cannot be any regularization till the time the said non-compoundable projections exist.

Key takeaways

This Court observed (order dated 20th April, 2026, recited herein) that the petitioner cannot carry out unauthorized construction and then seek regularization of the same.ratio¶¶17

Detailed headnote1 paragraphs

W.P.(C) 5360/2026, High Court of Delhi (Amit Bansal, J.), order dated 21.04.2026 — Chandan Lal Yadav v. The Commissioner, MCD & Anr. The petition challenged the order of the Appellate Tribunal, MCD ('ATMCD') dated 1st April, 2026 dismissing the petitioner's application for interim stay. A day earlier, the petitioner's brother's identical petition (W.P.(C) 5307/2026, Daya Chand Yadav v. The Commissioner, MCD and Anr) had been dismissed by order dated 20th April, 2026, on the ground that the impugned order records non-compoundable projections on the municipal land on all floors of the property, barring regularization until their removal, and on the observation that unauthorized construction cannot be regularized. Finding the same grounds raised, the Court held the present petition fully covered by that order and dismissed it; all pending applications were disposed of, and the exemption application (CM APPL. 26269/2026) was allowed subject to just exceptions.

$~121

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 5360/2026 with CM APPL. 26269/2026 and CM APPL. 26270/2026

SH CHANDAN LAL YADAV .....Petitioner Through: Mr. Praveen Suri and Mr. Rajneesh Verma, Advocates

versus

THE COMISSIONER MCD AND ANR .....Respondents Through: Mr. Kapil Dutta, Advocate for MCD.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R % 21.04.2026

CM APPL. 26269/2026 (exemption)

Allowed, subject to just all exceptions.

W.P.(C) 5360/2026

The present writ petition has been filed challenging the impugned order passed by the Appellate Tribunal, MCD (hereinafter ‘ ATMCD ’) on 1^st April, 2026 whereby the application seeking interim stay filed on behalf of the petitioner has been dismissed.

Yesterday, a similar writ petition was filed by the brother of the petitioner, W.P.(C) 5307/2026 titled Daya Chand Yadav v. The Commissioner, MCD and Anr challenging the same impugned order dated 1^st April, 2026. This Court vide order dated 20^th April, 2026 dismissed the said petition on the ground that the impugned order clearly notes that there

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W.P.(C) 5360/2026

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 24/04/2026 at 13:33:44

are non-compoundable projections on the municipal land on all the floors of the property and there cannot be any regularization till the time the said noncompoundable projections exist. Further, this Court also observed that the petitioner cannot carry out unauthorized construction and then seek regularization of the same.

Since same grounds have been raised in the present petition, the present writ petition is fully covered by the aforesaid order. Accordingly, the same is dismissed.

All pending applications also stand disposed of.

AMIT BANSAL, J

APRIL 21, 2026 ds

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W.P.(C) 5360/2026

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 24/04/2026 at 13:33:44