$~33 and 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05.02.202 + CONT.CAS(C) 1614/2023, CM APPL. 6558/2026 MOHD SHABBIR .....Petitioner versus S.K SINGH & ORS. .....Respondents + CONT.CAS(C) 8/2024, CM APPL. 7831/2026 PARDEEP KUMAR .....Petitioner versus SH GYANESH BHARTI & ORS. .....Respondents Presence: Mr. Ravish Kumar and Mr. Shivendu Singh, Advocates for Petitioners in Item Nos.33and 34.

Mr. Niraj Kumar, Sr. Central Govt. Counsel along with Mr.

Praveen, SI, PS Malviya Nagar in Item No.33.

Mr. Kapil Dutta, SC for MCD in Item Nos.33 and 34.

Mr. N. S. Dalal, Ms. Nidhi Dalal, Mr. Alok Kumar and Ms.

Rachana Dalal, Advocates for R-4 in Item Nos.33 and 34.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL)

1. Vide order dated 13.01.2026, this Court has ordered as under:

“1. The Municipal Corporation of Delhi (MCD) is directed to file a status report, setting out the present status of the property viz. 318-A/4, measuring 431 sq. yards, comprised in Khasra No.740/496, in the Abadi of Lal Dora (1908-1909) of Village Chirag Delhi, New Delhi-110017, clearly stating the action already taken in respect thereof and future course of action with regard thereto.

2. It shall be specifically disclosed as to whether the entire construction is unauthorized and if so, whether demolition action is proposed to be taken with regard to the entire building.

3. Let the aforesaid status report be filed on affidavit within a period of one week from today.

4. List on 05.02.2026.”

2. Pursuant to the aforesaid directions, a status report has been filed on behalf of the MCD, inter alia, stating as under:-

“4. That pursuant to the aforesaid directions of this Hon'ble Court, so as to ascertain the present status of the subject property i.e. bearing No. 318- A/4, measuring 431 Sq. Yards, comprised in Khasra No.740/496, situated in the Abadi of Lal Dora (19081909), Village Chirag Delhi, New Delhi, the same has been again got inspected through area field staff of Building Department-I of South Zone MCD and also referred to the record maintained and available with the department.

On inspection and referring to the record, the status in respect of the subject as ascertained is here as under:

i) As per record, the subject property has been identified as property No. 318, Chirag Delhi, New Delhi, which stands booked for unauthorized construction vide file No.152/UC/B-I/SZ/2023 dated 25/08/2023 in the shape of Ground floor and raising columns of First floor, booked vide file No. 171/UC/BI/SZ/2023 dated 09/10/2023 in the shape Second floor and Third floor (in continuation of previous booking file No. 152/UC/B- I/SZ/2023 dated 25/08/2023) and further booked vide U/c file No. 23/UC/B-I/SZ/2024 dated 07/02/2024 in the shape of Fourth floor (in continuation of earlier booking No. 171/UC/B-I/SZ/2023 dated 09/10/2023), for taking the necessary demolition action U/S 343/344 of DMC Act. Upon following due process of law, the necessary demolition orders also stands passed by the Competent Authority i.e. the AE (Bldg) I of South Zone vide dated 06/09/2023, 25/10/2023 and 16/02/2024 respectively.

ii) Furthermore, letters dated 31/08/2023, 23/10/2023 and 13/03/2024 u/s 344 (2) of the DMC Act, have also been sent to SHO, PS. Malviya Nagar, New Delhi with the request that the unauthorized construction in respect of the subject property be stopped immediately and workmen present at site / property be removed and construction material including the tools, machinery, etc. be seized.

iii) Beside this, letters dated 11/09/2023, 23/10/2023 and 13/03/2024 have also been sent to concerned authorities i.e. BSES and Delhi Jal Board for disconnection of their electricity and water supply from the subject property.

iv) Similarly, letters dated 04/09/2023, 23/10/2023 and 13/03/2024 have also been sent to Sub-Registrar with the request not to register the subject property under the Indian Registration Act, 1908.

v) Apart from this, Prosecution action u/s 466-A of DMC Act, 1957 has