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2026 Supreme(Online)(Del) 915

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
Nasreen – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
W.P.(C) 8294/2025|CM APPL. 36099/2025



Advocates:
For the Appellants/Petitioners: None
For the Respondents: Akash Chatterjee, Shivangi Kumar, Animesh Verma

The High Court holds that once demolition and sealing orders are passed by municipal authorities under the Delhi Municipal Corporation Act, the authorities are duty-bound to execute them within a specified timeframe to ensure compliance with building regulations.

Headnote:This case concerns a writ petition filed under the Delhi Municipal Corporation Act, 1957, seeking coercive action against unauthorized constructions. The facts indicate that multiple show cause notices and demolition orders were issued against the property in question, but enforcement was repeatedly delayed. The court noted the compliance status report confirming that the property has since been sealed and that demolition is scheduled. The primary issue was the respondent's failure to execute statutory demolition and sealing orders. The court relied on the legislative mandate under the Act to enforce building norms, emphasizing the necessity of administrative accountability in curbing illegal structures. The ratio decidendi centers on the court's expectation of diligent compliance by municipal authorities once formal notices and orders are issued. The petition was disposed of with a directive for the authorities to complete the demolition within four weeks, granting the petitioner liberty to approach the Special Task Force in case of future grievances.

Table of Content
1. initiation of writ proceedings against unauthorized construction. (Para 1 , 2 , 3)
2. status of municipal enforcement actions and pending orders. (Para 4 , 5 , 6 , 7 , 8 , 9)
3. court directives for execution of demolition and closure of proceedings. (Para 10 , 11 , 12)

O R D E R

1. None appears on behalf of the petitioner.

2. The present writ petition has been filed seeking directions to the respondents no.1 and 2, to take action against the illegal and unauthorized construction having been raised by the respondents no.3 to 5 in property bearing no.6368, situated at Gali Charkhe Wali, Jheel, Qasabpura, Delhi 110006 (hereinafter ‘subject property’).

3. Notice in the present petition was issued on 13th May, 2025 and MCD was directed to inspect the subject property and in the event any unauthorised construction is found, the same was directed to be stopped with the assistance of the concerned SHO.

4. Status report has been filed on behalf of MCD, wherein it is stated that the subject property was inspected on 23rd October, 2024 and the same was booked under Section 344(1) and 343 of the Delhi Municipal Corporation Act, 1957 (hereinafter ‘DMC Act’).

5. A show cause notice dated 23rd October, 2024 was issued to the owner/ occupier/ builder of the subject property. A work stop notice dated 23rd October, 2024 was also issued to the SHO (P.S. Sadar Bazar).

6. Demolition order dated 4th November, 2024 was passed in respect of the unauthorised construction on the ground floor, first floor, second floor and third floor of the subject property. Subsequently, actions were planned on 25th February, 2025 and 18th March, 2025, however, the action could not be executed.

7. Further unauthorised construction in the form of fourth floor was booked on 17th June, 2025 and a show cause notice dated 17th June, 2025 was also issued. A work stop notice dated 17th June, 2025 was also issued to the SHO (P.S. Sadar Bazar).

8. On 10th July, 2025 a demolition order was passed. Subsequently, actions were planned on 1st September, 2025 and 9th September, 2025, however, the action could not be executed.

9. A sealing show cause notice under Section 345(A) of the DMC Act was issued against the subject property on 7th July, 2025 and pursuant thereto, a sealing order was passed on 13th August, 2025. However, the sealing action could not be executed.

10. Counsel appearing on behalf of the MCD submits that the subject property has now been sealed and the demolition action shall be completed within four (4) weeks from today.

11. Taking on record the aforesaid statements, the present petition stands disposed of. In case the petitioner has any further grievance with regard to the unauthorised construction, the petitioner is at liberty to approach the Special Task Force constituted by the Supreme Court vide orders dated 24th April, 2018 and 18th July, 2018 in W.P.(C) 4677/1985 titled as M.C. Mehta v. Union of India & Ors.

12. All pending applications stand disposed of.

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