Disposed¶24

Rajesh Kumar v. Municipal Corporation of Delhi & Ors.

Delhi HC20 Mar 2026W.P.(C)/791/2026

Case brief

AI extract

What is this about?

Unauthorised construction; MCD enforcement; show cause notice under Sections 343 & 344 Delhi Municipal Corporation Act 1957; demolition order dated 14.03.2026; Delhi Police site visit and seizure 03.02.2026; Subhash Vihar / North Ghonda, Delhi; writ petition disposed with directions to act in accordance with law; liberty to petitioner; rights of owner/occupier kept open; Amit Bansal, J; W.P.(C) 791/2026.

What did the court decide?

Petition disposed of; respondents directed to take action in accordance with law, in an expeditious manner, in respect of the unauthorised construction; liberty given to the petitioner to approach the Court again if the grievance is not resolved. ¶24

Rajesh Kumar Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct respondent no. 1/MCD to stop the alleged illegal and unauthorised construction being carried out by respondent no. 5 at the subject property, stated to be without any sanctioned building plan or permission from MCD.

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Court's answer

Taking both status reports (MCD and Delhi Police) on record, the writ petition is disposed of with a direction to the respondents to take action in accordance with law in an expeditious manner.

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Key takeaways

Liberty is given to the petitioner to approach this Court in the event the grievance of the petitioner is not resolved.obiter¶25
All rights, contentions and legal remedies of the owner/occupier are kept open.obiter¶26

Detailed headnote1 paragraphs

Writ petition by a neighbouring resident seeking a direction to MCD to stop illegal and unauthorised construction by respondent no. 5 at B-272/28B, Block-B, Gali No. 4, Ambedkar Dharamshala Wali Gali, Subhash Vihar, North Ghonda, Delhi-110053, stated to be undertaken without any sanctioned building plan or permission and without safety nets, barricades, scaffolding or protective covers. MCD status report showed a show cause notice dated 27.01.2026 under Sections 343 & 344, Delhi Municipal Corporation Act, 1957 issued to respondent no. 5, pasted at the site on 11.02.2026 for want of service; a demolition order passed on 14.03.2026 was pasted at the site again on 19.03.2026. Delhi Police reported visiting the site on 03.02.2026, stopping the construction and seizing articles. Taking both status reports on record, the Court disposed of the petition directing the respondents to take action in accordance with law in an expeditious manner, gave the petitioner liberty to return if the grievance remained unresolved, and kept open all rights, contentions and legal remedies of the owner/occupier.

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 791/2026 & CM APPL. 3921/2026

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RAJESH KUMAR .....Petitioner

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Through: Mr. Udit Kr. Thakur & Ms. Monika, Advocates.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents

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Through: Mr. Abhinav Singh, Advocate for S.C, MCD. SI Akash Kumar, Ps Bhajanpura. Ms. Namrata Mukin, Advocate for R- 3.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R % 20.03.2026

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The present writ petition has been filed seeking a direction to the respondent no.1/MCD to stop the illegal and unauthorised construction being carried out by the respondent no.5 at property bearing no. B - 272/28B, Block-B, Gali No. 4, Ambedkar Dharamshala Wali Gali, Subhash Vihar, North Ghonda, Delhi -110053 (‘subject property’).

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The petitioner is residing at House No. B-272/25, B-Block, Street No. 4, Subhash Mohalla, North Ghonda, Delhi — 110053 , situated opposite to the subject property.

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It is the petitioner’s case that the said unauthorised construction is being undertaken without any sanctioned building plan or permission from the respondent no.1/MCD. It is further stated that the said illegal

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W.P.(C) 791/2026

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Page 1 of 2

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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 25/03/2026 at 13:29:59

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construction is being carried out without any safety nets, barricades, scaffolding or protective covers.

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Status report has been handed over in the Court on behalf of the respondent no.1/MCD wherein it is stated that a show cause notice dated 27^th January, 2026 under Section 343 & 344 of the Delhi Municipal Corporation Act, 1957 was sent to the respondent no. 5.

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4.1. Since the same could not be served, it was pasted on the site on 11^th February, 2026.

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Since no reply to show cause notice was issued by the private respondent and demolition order had been passed on 14^th March, 2026, the same was once again pasted at the site on 19^th March, 2026.

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Status report has also been filed on behalf of the respondent no. 2/Delhi Police, wherein it is stated that Delhi Police visited the site on 3^rd February, 2026 and had stopped the unauthorised construction and seized the articles that were lying at the site.

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Both the aforesaid status reports are taken on record.

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In view, thereof, the present writ petition is disposed of, while directing the respondents to take action in accordance with law, in an expeditious manner.

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Liberty is given to the petitioner to approach this Court in the event the grievance of the petitioner is not resolved.

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Needless to state, all rights, contentions and legal remedies of the owner/occupier are kept open.

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AMIT BANSAL, J

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MARCH 20, 2026/ da

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Page 2 of 2

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W.P.(C) 791/2026

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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 25/03/2026 at 13:29:59

Rajesh Kumar v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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