Disposed

Sarvan Kumar Sharma & Ors. v. Municipal Corporation of Delhi through Sh Sanjeev Khirwar Deputy Commissioner & Anr.

Delhi HC23 Jul 2026CONT.CAS(C)/781/2026

Case brief

AI extract

What is this about?

Contempt petition alleging MCD's non-compliance with an order to act against unauthorised terrace construction. MCD stated the demolition order stood set aside by ATMCD and the remanded matter was under hearing. The Court directed expeditious completion of the hearing and a speaking order, and disposed of the petition.

What did the court decide?

MCD directed to complete hearing expeditiously and pass a speaking order; liberty to revive petition on non-action.

Sarvan Kumar Sharma & Ors. Vs Municipal… — Municipal and Town Planning | Delhi HC (2026)

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 23^rd July, 2026

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- CONT.CAS(C) 781/2026

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SARVAN KUMAR SHARMA & ORS. .....Petitioners

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Through: Ms. Pallavi Vashist, Advocate.

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versus

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MUNICIPAL CORPORATION OF DELHI THROUGH SH SANJEEV KHIRWAR DEPUTY COMMISSIONER & ANR.

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.....Respondents

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Through: Ms. Vidhi Jain with Mr. Riddhiman Jain, Advocates for MCD. (M): 9654454567 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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MINI PUSHKARNA, J. (ORAL):

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The present petition has been filed alleging wilful and deliberate disobedience of the order dated 16^th September, 2025, passed by this Court in W.P. (C) no. 14307/2025 , titled as Sarvan Kumar Sharma & Ors. Versus Municipal Corporation of Delhi & Anr.

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By way of the aforesaid order dated 16^th September, 2025, this Court had recorded the statement on behalf of the Municipal Corporation of Delhi (“MCD”) that pursuant to the demolition order qua the illegal and unauthorised construction at the common terrace of flat nos. 317, 318, 319 and 310, above flat no. 320, GH-13, Paschim Vihar, New Delhi , requisite action against the unauthorized construction, will be taken.

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Signature Not Verified

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.07.2026 16:59:50

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Page 1 of 3

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The present petition has been filed in view of the fact that no such action for demolition of the unauthorised construction, in the aforesaid premises, has yet been taken by the MCD.

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Per contra , learned counsel appearing for the respondent-MCD submits that the demolition order dated 09^th May, 2025, passed by the MCD qua the premises in question, already stands set aside by the Appellate Tribunal, Municipal Corporation of Delhi (“ATMCD”) vide order dated 21^st November, 2025.

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She has handed over to this Court a copy of order dated 21^st November, 2025, passed by the ATMCD, which reads as under:

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.07.2026 16:59:50

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Page 2 of 3

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Perusal of the aforesaid order shows that after setting aside of the demolition order passed by the MCD, the matter was referred back to the MCD for passing of a speaking order.

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This Court notes the submission made by learned counsel appearing for respondent MCD that after the matter was remanded back to the MCD, hearing in the matter, is still in progress.

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Accordingly, the MCD is directed to complete the hearing of the proceedings, expeditiously, and pass a speaking order thereto.

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Requisite action shall be taken by the respondent no.1/MCD, subject to the speaking order passed by them.

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Needless to state, in case, the petitioners are aggrieved by any nonaction on behalf of the MCD, the petitioners shall be at liberty to revive the present petition.

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Noting the aforesaid, the present petition is accordingly, disposed of.

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MINI PUSHKARNA, J

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JULY 23, 2026 c

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Signature Not Verified

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.07.2026 16:59:50

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Page 3 of 3

Sarvan Kumar Sharma & Ors. v. Municipal Corporation of Delhi through Sh Sanjeev Khirwar Deputy Commissioner & Anr.

Case brief

What is this about?

What did the court decide?

Sarvan Kumar Sharma & Ors. v. Municipal Corporation of Delhi through Sh Sanjeev Khirwar Deputy Commissioner & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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