Dismissed¶25

D D Joshi and Ors. v. Municipal Corporation of Delhi and Ors.

Delhi HC16 Jul 2026W.P.(C)/9546/2026

Case brief

AI extract

What is this about?

Writ petition dismissed - status quo sought against lift and connecting bridge installation in DDA flats, Pocket-G, Sarita Vihar, New Delhi - MCD NOC dated 26 May 2026 - appeal pending before Appellate Tribunal MCD (ATMCD), interim application arguments listed 4 August 2026 - Court declined interference as ATMCD seized of matter and could direct demolition if appeal succeeded - no merits observations - all rights and remedies kept open - Delhi High Court, Amit Bansal, J., 16.07.2026.

What did the court decide?

Since the ATMCD is seized of the matter, even if construction of the lift proceeds at a fast pace, in the event the petitioner succeeds the ATMCD can always direct the demolition of the lift; the pace of construction therefore does not warrant interference by this Court. ¶23

D D Joshi and Ors. Vs Municipal Corporation of Delhi and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶25

Issue for consideration

Whether the writ petition seeking a direction to the respondents to maintain status quo in respect of the ongoing installation of lift and connecting bridge in DDA flats, Pocket-G, Sarita Vihar should be entertained, given that the petitioner's appeal against the MCD NOC is pending before the ATMCD.

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Ratio / Principle

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Key takeaways

No grounds for interference are made out and the writ petition seeking status quo is dismissed.ratio¶24
The Court has made no observation on the merits of the case; all rights, contentions and legal remedies of the parties are kept open.obiter¶26

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J., order dated 16.07.2026) dismissed W.P.(C) 9546/2026 filed by D D Joshi and others seeking a direction to the Municipal Corporation of Delhi and others to maintain status quo in respect of the ongoing installation of a lift and connecting bridge in DDA flats, Pocket-G, Sarita Vihar, New Delhi (flats no.242 to 249). MCD had granted the NOC vide communication dated 26 May 2026; the petitioners' appeal against the NOC is pending before the Appellate Tribunal MCD (ATMCD), which issued notice in the interim application on 10 July 2026, with arguments listed for 4 August 2026. Counsel for the petitioner contended the lift construction would be substantially completed before that date. The Court held that the ATMCD being seized of the matter could always direct demolition of the lift if the petitioner succeeded, found no grounds for interference, dismissed the writ petition, made no observation on merits and kept all rights, contentions and remedies open. CM APPL. 44511/2026 was allowed subject to all just exceptions and the pending application stood disposed of. Note: the order records that lawyers were abstaining from work that day.

¶1

$~54

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9546/2026, CM APPL. 44510/2026 & CM APPL. 44511/2026

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D D JOSHI AND ORS .....Petitioners Through:

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versus

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MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R

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% 16.07.2026

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The lawyers are abstaining from work today.

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CM APPL. 44511/2026

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Allowed, subject to all just exceptions.

¶13

W.P.(C) 9546/2026

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The present writ petition has been filed seeking a direction to the respondents to maintain status quo in respect of the ongoing work of installation of lift and connecting bridge in DDA flats, Pocket-G, Sarita Vihar, New Delhi - 110076 (flats no.242 to 249) .

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The respondent/MCD had granted the NOC vide communication dated 26^th May, 2026.

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The petitioner herein has filed an appeal against the said NOC before the Appellate Tribunal MCD (‘ATMCD’). The ATMCD has issued notice in the interim application to MCD on 10^th July, 2026 and now, the matter is to

¶17

W.P.(C) 9546/2026

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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 18/07/2026 at 11:54:13

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come up before the ATMCD on 4^th August, 2026 for arguments on the interim application.

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Counsel for the petitioner submits that the construction work in the lift is going at a fast pace and the construction of the lift would be substantially completed before 4^th August, 2026.

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Admittedly, the ATMCD is seized of the matter. Therefore, even if the construction of the lift is proceeding at a fast pace, in the event the petitioner succeeds, the ATMCD can always direct the demolition of the lift.

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No grounds for interference are made out.

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Accordingly, the writ petition is dismissed.

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It is made clear that this Court has not made any observation with regard to merits of the case.

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All rights, contentions and legal remedies of parties are kept open.

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The pending application stands disposed of.

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AMIT BANSAL, J

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JULY 16, 2026 Rzu

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W.P.(C) 9546/2026

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Page 2 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 18/07/2026 at 11:54:13

D D Joshi and Ors. v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

D D Joshi and Ors. v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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