$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18860/2025 & CM APPL. 78486/2025 DEEPANSHU BANSAL .....Petitioner Through: Mr. A.K. Mishra, Adv.

versus GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-9 Mr. Aditya Saluja, Adv. for R- 5, 6 and 7 Mr. M.S. Oberoi, SC for MCD CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 12.12.2025

1. The present writ petition has been filed seeking directions against the illegal, arbitrary and discriminatory action undertaken by the Municipal Corporation of Delhi (“MCD”) in demolishing the property of the petitioner, i.e., 27-A, J &K Extension, Laxmi Nagar, Delhi.

2. Learned counsel appearing for the petitioner submits that the demolition action taken by the MCD is selective, arbitrary and discriminatory. It is submitted that there are numerous adjoining properties, constructed by the respondent nos. 5 to 7, up to five and six floors without any sanction and in gross violation of the MCD Bye-laws. However, the MCD has not taken anydemolition action against the said properties.

3. He further submits that demolition orders and sealing orders have been passed against the properties of the respondent nos. 5 to 7, details of which, as given the writ petition, are as follows:

4. Thus, it is submitted that the action taken by the MCD against the petitioner is vindictive and retaliatory.

5. This Court notes that a writ petition being W.P.(C) 2590/2025 was filed before this Court regarding unauthorized construction in the propertyin question, which came to be disposed of vide order dated 24^th September, 2025, in the following manner:

1. The present writ petition has been filed seeking directions to the respondents totake action against the unauthorized construction existing inthePlotNo.27-A,J&KExt.,LaxmiNagar,Delhi-110092.

2. A Status Report dated 20^th March, 2025has beenfiledon behalfof theMunicipalCorporationofDelhi(“MCD”),relevantportionofwhich, readsasunder:

“xxxxxxxxx

3. Perusal of the aforesaid Status Report shows that the MCD has taken demolition action with respect to the unauthorized construction in the property in question on 19^th February, 2025 itself. Further, sealing action was also done by the MCD on 19^th February, 2025, wherein, the entire fourth floor, including, two shops at ground floor of the premises, havebeensealed.

4. Further, demolition action was also taken by the MCD on 28^th February,2025,17^thMarch,2025and18^thMarch,2025.

5. Considering the aforesaid, it transpires that the MCD is already takingtherequisiteactionagainstthepropertyinquestion.

6. Accordingly, no further orders are required to be passed in the presentpetition.

7. MCD shall ensure that no further unauthorized construction takes placeinthepropertyinquestion.

8. Incase, any ofthe parties is aggrievedby any action or non-action on the part of the MCD, their right to seek remedies in accordance with lawisreserved.

9. With the aforesaid directions, the present writ petition is accordinglydisposedof.”

6. Perusal of the aforesaid order shows that the MCD took action after following its due procedure.

7. In case, the petitioner has any grievance against the demolition order or any action taken by the MCD, the petitioner is at liberty to file the statutoryappeal in that regard.

8. As regards the other properties in the area in question, as mentioned hereinabove, wherein, action against unauthorized construction is yet to be taken, the MCD is directed to assess the extent of construction existing in the aforesaid properties.

9. The petitioner is at libertyto approach the MCD in this regard.

10. With the aforesaid directions, the present writ petition, along with the pending application, is accordinglydisposed of.

MINI PUSHKARNA, J DECEMBER 12, 2025/KR