Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Del) 2618

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sachin Datta, J
Kuldeep Kumar Mittal – Appellant
Versus
Dilkhush Meena – Respondent
CONT.CAS(C) 1288/2025

Advocates:
For the Appellants/Petitioners: Nikhil Malik, Mehul Jain
For the Respondents: Aarushi Tiku, Shankar Kumar Jha, Ashutosh Mishra

State authorities are strictly obligated to ensure adherence to judicial directions regarding the prevention of unauthorized construction, and failure to monitor such sites, leading to the breach of seals and continuation of illegal activities, constitutes a cognizable dereliction of mandated duties.

Headnote:The petitioner moved this court alleging wilful disobedience of a prior judicial order dated 01.08.2025 regarding unauthorized construction. Despite previous demolition and sealing actions taken by municipal authorities, the petitioner submitted evidence of ongoing construction and broken seals. The court noted substantial non-compliance and dereliction of duty by the concerned authorities in ensuring the preservation of the seal and prevention of further construction. The court framed the issue as whether the authorities violated the specific directions regarding the maintenance of status quo and prevention of unauthorized activity. Finding that the evidence presented, including photographic proof of the installation of water tanks, contradicted the status report provided by the authorities, the court determined that the existing mechanism to prevent unauthorized construction was ineffective and required immediate rectification. The court directed the immediate cessation of unauthorized construction and mandated status reports within six weeks, while strictly prohibiting the creation of third-party interests in the subject property.

Table of Content
1. allegation of wilful disobedience of prior judicial orders prohibiting unauthorised construction. (Para 1 , 2)
2. prima facie evidence of non-compliance and breaking of seals by authorities. (Para 3 , 4 , 5)
3. court directions for immediate cessation of illegal activities and mandatory post-compliance reporting. (Para 6 , 7 , 8 , 9 , 10 , 11)

O R D E R

1. The present petition alleges wilful disobedience of the order dated 01.08.2025 passed by this Court in W.P(C) 3518/2025. The said order reads as under:-

“1. The present writ petition has been filed seeking directions to the respondents to stop the illegal and unauthorized construction being carried out by respondent no. 4 at the property bearing No. 893/8 and 893/8A, Ward No.8, Mehrauli, New Delhi-110030.

2. A contempt petition, i.e., Cont. CAS(C) 545/2025 has been filed alleging disobedience of the order dated 21st March, 2025, wherein, directions had been issued by this Court that the status quo with regard to construction in the property shall be maintained. However, respondent no.4 has willfully and deliberately continued the illegal construction in the property in question.

3. A Status Report/ Action Taken Report dated 16th May, 2025 has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), wherein, the MCD has detailed the various actions undertaken by the MCD on the properties, which are subject matter of the present writ petition.

4. The relevant portions of the Status Report, are as under:-

A. Plot No. 2 Opposite to- 895C, Ward No. 8, Mehrauli, New Delhi.

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vii) Pursuant to demolition/sealing orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also tried/taken/carried out the necessary action as per details given herein below:

S.No.	Date of Action	Action taken
1.	18/02/2025	Upon availability of police force, 01 roof panel at First floor, 01 roof panel at Second floor, 02 roof panels at Third floor, 01 roof panel at Fourth floor and 01 roof panel at Fifth floor have been demolished.
2.	11/04/2025 & 22/04/2025	Action could not be taken due to shortage of time.
3.	28/04/2025	Upon availability of police force, 03 nos. of roof panels of Fifth floor and 01 roof panel of Fourth floor have been demolished and reinforcement bars cut down with the help of gas cutter. Beside this, access of staircase from First floor to upper floor has been sealed at 01 point.

The photographs taken during the aforementioned demolition/sealing action are also annexed herewith as Annexure - R - 8 (Colly).

viii) After taking the aforementioned demolition/sealing action, a letter 13/05/2025 has also been sent to concerned SHO, PS Mehrauli, New Delhi with the request to direct the area patrolling staff to keep strict vigil at the property so that the demolished portion may not be restored/re-constructed/repaired and the seals affixed by the department may not be tampered with. Copy of the said letter is also annexed herewith as Annexure - R - 9.

B. Plot No. 3 Opposite to 895-C, Ward No. 8, Sunrise Apartment, Mehrauli, New Delhi.

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vi. Pursuant to demolition/sealing orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also tried/taken/carried out the necessary action as per details given herein below:

S.No.	Date of Action	Action taken
1.	11/04/2025	Upon availability of police force, 02 RCC panels of balcony at each floor roof of Stilt floor roof, Ground floor roof and First floor roof (06 panels) have been demolished / cut down and 02 RCC panels at have also been demolished / cut down at each floor roof of Ground floor and First floor roof.
2.	22/04/2025	Action could not be taken due to shortage of time.

The photographs taken during the aforementioned demolition are also annexed herewith as Annexure-R -15 (Colly).

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C. Property Right side First Plot Opposite to Sunrise Apartment

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2026 Supreme(Online)(Del) 2618

IN THE HIGH COURT OF DELHI AT NEW DELHISachin Datta, JKuldeep Kumar Mittal – AppellantVersusDilkhush Meena – RespondentCONT.CAS(C) 1288/2025

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sachin Datta, J
Kuldeep Kumar Mittal – Appellant
Versus
Dilkhush Meena – Respondent
CONT.CAS(C) 1288/2025