Hasmat Ali Vs the Commissioner , MCD and Ors. — Delhi HC (2026) — LawSathi Research

Hasmat Ali Vs the Commissioner , MCD and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) Delhi Police to clear the accumulated garbage in the sealed subject building by engaging a private contractor, with temporary de-sealing permitted if required and re-sealing thereafter; and (ii) petitioner directed to ensure no garbage from his building is thrown into the subject building going forward.

Issue for consideration

Who bears the obligation to clear garbage accumulated in the subject building sealed by Delhi Police since 2001 - the respondents no. 1 and 2/MCD, or the Delhi Police which is in constructive possession and custody of the sealed private property? +1 more

Court's answer

Since the subject building has been sealed by the Delhi Police and is in the Delhi Police's constructive possession and custody, the responsibility for the maintenance and upkeep of the subject building is that of the Delhi Police.

Ratio / Principle

The garbage accumulated in the sealed subject building shall be cleared by the Delhi Police by engaging a private contractor; this was identified as the only viable solution after hearing counsel for the parties.

Key takeaways

Completing para 8.1: for the purpose of garbage clearance, if the building is required to be de-sealed temporarily, it may be de-sealed; and after clearing of the garbage, the building may be re-sealed.ratio¶25
Going forward, a direction is issued to the petitioner to ensure that no garbage from the petitioner's building is thrown into the subject building, so that no garbage accumulates therein.ratio¶26

Detailed headnote1 paragraphs

Delhi High Court (W.P.(C) 6698/2023, order dated 17.03.2026, Amit Bansal, J.) - Maintenance of a building sealed by the Special Cell, Delhi Police since 2001, in which garbage had accumulated. While counsel for respondents 1 and 2/MCD contended that MCD is not obliged to clear garbage from private property, and the SHO attributed the garbage to the petitioner's building, the Court held that since the building is sealed by Delhi Police and is in its constructive possession and custody, the responsibility for its maintenance and upkeep is that of Delhi Police. Accordingly, the Court directed Delhi Police to clear the accumulated garbage by engaging a private contractor, permitting temporary de-sealing for the purpose with re-sealing thereafter (completing para 8.1), and further directed the petitioner, going forward, to ensure that no garbage from his building is thrown into the subject building. An earlier order dated 15th July, 2025 had required Delhi Police to file a comprehensive maintenance plan, which remained unfiled. Petition disposed of with the aforesaid directions. No statutes or precedents were cited; no monetary relief involved.

$~25

* IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 6698/2023

HASMAT ALI .....Petitioner Through: Mr. Alamgir, Advocate. versus

THE COMMISSIONER , MCD AND ORS. .....Respondents Through: Mr. Udit Gupta, Advocate for R-1/ MCD with Dr. Rajiv Nayan, Assistant Commissioner, MCD (Central Zone). Mr. Niraj Kumar, Sr. Central Govt. Counsel with Mr. Chaitanya Kumar, Advocate for R-3 & 4. Insp. O.P. Thakur, SHO (PS: Jamia Nagar), Insp. Sanjeev Kumar, Special Cell.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R % 17.03.2026

The present writ petition has been filed seeking the following relief:

W.P.(C) 6698/2023

Page 1 of 3

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 13:43:00

On the last date of hearing, it has been noted that the subject building has been sealed by the Special Cell, Delhi Police, since 2001.

In the order passed on 15^th July, 2025, Delhi Police was directed to prepare a comprehensive plan in order to maintain the subject building, so that the problem of throwing of garbage inside the premises of the subject building is stopped. Till date, no comprehensive plan has been filed by the Delhi Police.

In view thereof, the Station House Officer (‘SHO’) of the concerned Police Station, as well as the concerned official of the respondents no.1 and 2/ MCD, were asked to be present in Court today.

The SHO who is present in person in Court submits that garbage in the subject building is coming from the building of the petitioner.

Counsel appearing on behalf of the respondents no.1 and 2/ MCD, submits that since the subject building is a private property, the respondents no.1 and 2/ MCD is not under an obligation to clear the garbage from the same.

It may not be possible to pinpoint as to what is the source of garbage in the subject building. However, it is an admitted position that the subject building has been sealed by the Delhi Police and Delhi Police is in constructive possession and custody of the subject building. Therefore, the responsibility of maintenance and upkeep of the subject building would be that of Delhi Police.

Accordingly, after hearing counsel for the parties, the only viable solution would be that the garbage which is accumulated in the subject building be cleared by the Delhi Police by engaging a private contractor.

8.1. For the aforesaid purpose, if the building is required to be de-sealed

W.P.(C) 6698/2023

Page 2 of 3

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 13:43:00

temporarily, let the same be done. After clearing of the garbage, the building may be re-sealed.

Going forward, so that no garbage is accumulated in the subject building, a direction is issued to the petitioner to ensure that no garbage from the petitioner’s building is thrown in the subject building.

The present writ petition is disposed of with the aforesaid directions.

AMIT BANSAL, J

MARCH 17, 2026 Rzu

W.P.(C) 6698/2023

Page 3 of 3

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 13:43:00