Rajat Arora Vs Shri Ashwani Kumar Municipal Corporation of… — Contempt of Court | Delhi HC (2026)

Rajat Arora Vs Shri Ashwani Kumar Municipal Corporation of… — Contempt of Court | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of on the strength of the respondents'/MCD's undertaking to demolish the entire subsisting unauthorised construction within three weeks (subject to applicable procedural requirements and the Supreme Court's demolition-directions order), and to file a compliance affidavit within eight weeks; failure would expose the concerned Assistant Engineer (MCD) to action for wilful disobedience.

Issue for consideration

Whether the Municipal Corporation of Delhi engaged in wilful disobedience/non-compliance of the directions contained in the order dated 03.12.2025 passed in W.P.(C) 15377/2025 regarding unauthorised construction and excess coverage in the property at 60B and 60C & 60D, Mayur Vihar, Phase-II, and what action is required to remedy it.

Court's answer

Learned counsel for the respondents/MCD, on instructions from the Assistant Engineer (MCD) present in Court, assured and undertook that requisite action qua the entire subsisting unauthorised construction in the property shall be taken expeditiously and in any event within three weeks; the Court took this statement and undertaking on record and disposed of the petition.

Ratio / Principle

The entire subsisting unauthorised construction in the property is to be demolished.

Key takeaways

The demolition shall be subject to adherence to applicable procedural requirements and the order of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291.ratio¶¶24
A compliance affidavit is to be filed by the respondents within eight weeks, with an advance copy supplied to learned counsel for the petitioner.ratio¶¶26
In case of non-compliance by the MCD, the Court indicated it would be constrained to take appropriate action against the concerned Assistant Engineer (MCD) for committing wilful disobedience of the orders passed by this Court; this is a conditional warning, not a finding of contempt.

Detailed headnote1 paragraphs

Contempt petition (CONT.CAS(C) 819/2026, Delhi High Court, Sachin Datta, J., 08.05.2026) filed by Rajat Arora alleging wilful disobedience/non-compliance of the directions in the order dated 03.12.2025 passed in W.P.(C) 15377/2025 concerning unauthorised construction and excess coverage in the property at 60B and 60C & 60D, Mayur Vihar, Phase-II, East Delhi. Counsel for the MCD, on instructions from the Assistant Engineer present in Court, undertook that requisite action qua the entire subsisting unauthorised construction would be taken expeditiously and in any event within three weeks; the entire subsisting unauthorised construction was directed to be demolished, subject to adherence to applicable procedural requirements and the order of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291. Taking the undertaking on record, the petition was disposed of, with a compliance affidavit to be filed within eight weeks; the Court cautioned that non-compliance would compel action against the concerned Assistant Engineer (MCD) for wilful disobedience of its orders. No finding of contempt was made; no quantum involved.

$~51

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 08.05.2026

- CONT.CAS(C) 819/2026 RAJAT ARORA .....Petitioner

Through: Mr. Ikrant Sharma, Mr. Shivam Sharma, Advs.

versus

SHRI ASHWANI KUMAR MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ORS. .....Respondents

Through: Mr. Harshit Chopra (SC) along with Ms. Swati Tiwari, Mr. Khushal Chand Aggarwal, ADvs. for R1 to R3 and Mr. Pradeep Kumar (AE/MCD).

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. ( Oral )

CM APPL.31175/2026 (Exemption)

Allowed, subject to all just exceptions.

The application stands disposed of.

CONT.CAS(C) 819/2026

The present petition has been filed by the petitioner alleging wilful disobedience/ non-compliance of the directions contained in the order dated 03.12.2025 passed by this Court in W.P.(C) 15377/2025 and connected matter, concerning unauthorised construction and excess coverage in the property situated at 60B and 60C & 60D, Mayur Vihar, Phase-II, East Delhi, Delhi.

The petitioner submits that requisite action qua the subsisting unauthorised construction in the said property, as mandated in terms of the

Signature Not Verified

CONT.CAS(C) 819/2026 Page 1 of 2

Digitally Signed By:ABHISHEK THAKUR Signing Da te:1 2.05.2026 11:40:23

said order, has not been taken by the Municipal Corporation of Delhi (MCD).

Issue notice.

Learned counsel, as aforesaid, accepts notice on behalf of the respondents.

During the course of hearing, learned counsel for the respondents/ MCD, on instructions from the Assistant Engineer, MCD who is present in Court, assures and undertakes that requisite action qua the entire subsisting unauthorised construction in the aforesaid property shall be taken expeditiously and in any event within a period of three weeks from today. Let the entire subsisting unauthorised construction be demolished. Needless to say, the same shall be subject to adherence to applicable procedural requirements and the order of the Supreme Court in In Re: Directions in the matter of demolition of structures , 2024 SCC OnLine SC 3291.

Taking the aforesaid statement and undertaking on record, the present petition is disposed of.

Let a compliance affidavit be filed within a period of eight weeks from today. Let an advance copy be supplied to learned counsel for the petitioner.

It is made clear that in case of non-compliance of the aforesaid directions on the part of the MCD, this Court shall be constrained to take appropriate action against the concerned Assistant Engineer (MCD) for committing wilful disobedience of the orders passed by this Court.

The petition is disposed of in the above terms.

SACHIN DATTA, J

MAY 8, 2026/ uk

Signature Not Verified Digitally Signed By:ABHISHEK THAKUR Signing Da te:1 2.05.2026 11:40:23

CONT.CAS(C) 819/2026 Page 2 of 2