Mayank Jain Vs Municipal Corporation of Delhi and Ors. — Delhi HC (2026) — LawSathi Research

Mayank Jain 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; liberty given to the petitioner to take appropriate remedies as per law in the event of further grievance; rights, contentions and legal remedies of private respondents no.3 and 4 kept open; pending application disposed of.

Issue for consideration

Whether the respondents should be directed to stop the alleged illegal conversion of the premises located at 16, Upper Ground Floor, Chitra Vihar, Vikas Marg, Delhi from residential to commercial, and whether MCD should take appropriate action regarding unauthorized construction at the property.

Court's answer

The writ petition is disposed of with a direction to respondent no.1/MCD to take appropriate action in accordance with law.

Ratio / Principle

Liberty is given to the petitioner to take appropriate remedies as per law in the event of any further grievance.

Key takeaways

All rights, contentions and legal remedies of the private respondents no.3 and 4 are kept open.ratio¶22
The pending application stands disposed of.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J), W.P.(C) 8121/2026 & CM APPL. 38695/2026, order dated 01.07.2026: Petitioner sought a direction to stop the alleged illegal conversion of premises at 16, Upper Ground Floor, Chitra Vihar, Vikas Marg, Delhi from residential to commercial. Notice had been issued by the vacation Bench on 8 June 2026. MCD's status report recorded an inspection of 11 June 2026 disclosing unauthorized construction in the shape of deviations/excess coverage against the sanction building plan on basement, stilt, ground, first, second and third floors, and the issue of a show cause notice on 11 June 2026; a personal hearing to the owner/occupier was scheduled for 5 August 2026. The petition was disposed of while directing respondent no.1/MCD to take appropriate action in accordance with law; liberty was reserved to the petitioner for further remedies; rights, contentions and legal remedies of private respondents no.3 and 4 were kept open; and the pending application was disposed of.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 8121/2026 & CM APPL. 38695/2026

MAYANK JAIN .....Petitioner Through: Dr. Ashwani Bhardwaj and Ms. Sarika Suman, Advocates (through VC) .

versus

MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Vinod Kumar Khanna and Mr. Navin Chopra, Advocates for R-1/ MCD. Ms. Avshreya Pratap Singh Rudy, CGSC with Ms. Usha Jamnal, Ms. Nyasa Sharma and Mr. Ankit Khatri, Advocates for R-2/UoI. Mr. Sharad Pandey and Ms. Kanchan Singh, Advocates for R-4. SI Vicky Kumar, PS: Preet Vihar, Delhi.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R 01.07.2026

The present writ petition has been filed seeking a direction to the respondents to stop the illegal conversion of the premises located at 16, Upper Ground Floor, Chitra Vihar, Vikas Marg, Delhi from residential to commercial.

Notice in the present petition was issued by the vacation Bench on 8^th

W.P.(C) 8121/2026

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 04/07/2026 at 11:10:51

June, 2026.

Status report has been filed on behalf of the respondent no.1/MCD and respondent no.2/SHO.

In the status report filed on behalf of the respondent no.1/MCD, it is stated that the subject property was inspected on 11^th June, 2026 and during the inspection, unauthorized construction in the shape of deviations/excess coverage against the sanction building plan was found on basement, stilt, ground floor, first floor, second floor and third floor. Accordingly, a show cause notice has been issued on 11^th June, 2026.

It is stated by the counsel for MCD that a personal hearing has been granted to the owner/occupier of the property which is scheduled for 5^th August, 2026.

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.

Liberty is given to the petitioner to take appropriate remedies as per law in the event the petitioner any has further grievance.

All rights, contentions and legal remedies of the private respondents no.3 and 4 are kept open.

The pending application stands disposed of.

AMIT BANSAL, J

JULY 1, 2026 Rzu

W.P.(C) 8121/2026

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 04/07/2026 at 11:10:51