Shri Krishan Vs MCD and Others — Contempt of Court | Delhi HC (2026)

Shri Krishan Vs MCD and Others — Contempt of Court | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of with directions: demolition of the entire unauthorized construction at H. No. 511, Village Bijwasan, New Delhi-110062 scheduled for 26.05.2026, with further demolition action to follow after a short interval if incomplete; concerned Executive Engineer of MCD to personally supervise; SHO to maintain vigil against ongoing unauthorized construction and provide adequate police personnel/security till demolition reaches its logical conclusion; compliance affidavit to be filed within eight weeks. Exemption application CM APPL.34863/2026 allowed subject to all just exceptions and disposed of.

Issue for consideration

Whether there has been wilful disobedience/non-compliance by the respondents (MCD) of the order dated 13.02.2026 passed in W.P.(C) 2072/2026, which directed MCD to take appropriate action in accordance with law against unauthorized construction at H. No. 511, Village Bijwasan. +1 more

Court's answer

On the basis of MCD's fresh representations and undertakings and the Court's supervisory directions, the contempt petition alleging non-compliance of the order dated 13.02.2026 in W.P.(C) 2072/2026 was disposed of in the above terms (no contempt punishment imposed).

Ratio / Principle

CM APPL.34863/2026 (exemption) allowed, subject to all just exceptions.

Key takeaways

The exemption application (CM APPL.34863/2026) stands disposed of.ratio¶¶10
Acting on MCD's representation that the entire property at H. No. 511, Village Bijwasan is unauthorized and that demolition action was scheduled for 26.05.2026 (with an undertaking of further action if incomplete), the Court directed that the concerned Executive Engineer of the MCD personally supervise the demolition process.ratio¶¶28
The SHO was directed to maintain a vigil to ensure that there is no ongoing unauthorized construction at the subject property.ratio

Detailed headnote1 paragraphs

Delhi High Court (Sachin Datta, J.), order dated 21.05.2026 in CONT.CAS(C) 932/2026 — Shri Krishan v. MCD and Others: contempt petition alleging wilful disobedience/non-compliance of the Court's order dated 13.02.2026 in W.P.(C) 2072/2026, which had disposed of the writ petition while directing MCD to take appropriate action in accordance with law against unauthorized construction and public-street encroachment by respondent no.3 at H. No. 511, Village Bijwasan, New Delhi-110062 (property booked 09.02.2026; 'work stop notice' issued; related civil suit pending before the trial court without relief qua unauthorized construction/encroachment). MCD's Standing Counsel (Vikas Chopra) accepted notice, represented that the entire property is unauthorized and required to be demolished, stated that demolition was scheduled for 26.05.2026, and undertook further demolition action after a short interval if incomplete. The Court disposed of the contempt petition by directing: (i) personal supervision of the demolition by MCD's concerned Executive Engineer; (ii) SHO vigil to prevent ongoing unauthorized construction; (iii) adequate police personnel/security so demolition is carried to its logical conclusion; and (iv) a compliance affidavit within eight weeks. Exemption application CM APPL.34863/2026 allowed subject to all just exceptions.

$~78

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT.CAS(C) 932/2026 SHRI KRISHAN .....Petitioner Through: Mr. Himansh Yadav, Adv. versus MCD AND OTHERS .....Respondents Through: Mr. Vikas Chopra, SC, Mr. Neeraj Kumar and Ms. Khushi, Advs., MCD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 21.05.2026

CM APPL.34863/2026 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CONT.CAS(C) 932/2026

The present petition has been filed by the petitioner alleging wilful disobedience/non-compliance of the order dated 13.02.2026, passed in W.P.(C) 2072/2026. The same reads as under:

“ W.P.(C) 2072/2026

2. The present writ petition has been filed seeking a direction to respondent/ MCD to take action against the unauthorized construction being carried out by the respondent no.3 at property bearing address H. No. 511, Village Bijwasan, New Delhi-110062 in violation of the building bye-laws and without any sanction plan.

3. It is submitted that the respondent no.3 has also encroached upon the public street. Photographs have been filed along with the petition.

4. A complaint in this regard was made with the respondent/ MCD on 29th January, 2026.

5. Counsel appearing on behalf of the respondent no.3 on advance

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 23/05/2026 at 11:21:47

notice submits that a civil suit has been filed by the petitioner against the respondent no.3, which is currently pending before the trial court. 6. Counsel for the petitioner submits that no relief qua unauthorized construction or encroachment has been claimed in the said civil suit.

7. Counsel appearing on behalf of the respondent/ MCD submits that pursuant to the aforesaid complaint made the petitioner, the subject property has been booked on 9th February, 2026 and a ‘work stop notice’ has also been issued.

8. In view of the above, the present writ petition is disposed of while directing the respondent/ MCD to take appropriate action in accordance with law.

9. In the event the petitioner has any further grievance with regard to unauthorized construction, he is at liberty to take appropriate remedies in accordance with law.

10. All rights, contentions and legal remedies of the respondent no.3 are kept open. ”

4. Issue notice.

Mr. Vikas Chopra, learned Standing Counsel accepts notice on behalf of Municipal Corporation of Delhi (MCD). He submits that the entire property bearing address H. No. 511, Village Bijwasan, New Delhi-110062 is unauthorized and is required to be demolished.

He further submits that a demolition action has been scheduled on 26.05.2026, and that requisite action shall be duly taken on the said date. It is further assured and undertaken that if the demolition action qua the concerned property remains incomplete on the said date, further demolition action shall be scheduled after a short interval, so as to ensure that the entire unauthorized construction is fully demolished.

Let the concerned Executive Engineer of the MCD personally supervise the aforesaid process.

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 23/05/2026 at 11:21:47

The SHO is also directed to maintain a vigil so as to ensure that there is no ongoing unauthorized construction. The SHO shall also provide adequate police personnel / security to ensure that the demolition action is carried out and taken to its logical conclusion.

The petition is disposed of in the above terms.

Let a compliance affidavit be filed within a period of eight weeks from today.

SACHIN DATTA, J

MAY 21, 2026/ cl

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 23/05/2026 at 11:21:47