$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2442/2026, CM APPL. 11901/2026 & CM APPL.

11902/2026 NISHA SHARMA THROUGH SPA HOLDER MILAN SHARMA .....Petitioner Through: Mr. Vinod Kumar Mantoo, Mr. Hem Kumar & Ms. Niharika Mantoo, Advocates.

(Through video-conferencing)

versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Rakesh Malhotra, Mr. Bharat Malhotra & Ms. Smritika Kesri, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 20.02.2026

1. The present writ petition has been filed seeking a direction to the respondent no.1/MCD to inspect the back portion of the property no.6198 (Gali Side), situated at Fatehpuri, Chandni Chowk, Delhi-110006 (hereinafter ‘subject property’) and take appropriate sealing/demolition action against the unauthorised construction carried out by the respondents no.2 to 6.

2. It is stated that the petitioner is the owner of the subject property in which private respondents no.2 to 6 were inducted as licensees in a portion of the property. Despite termination of licence and without any consent or authorization from the petitioner, the private respondents have illegally raised substantial construction from the 1^st floor up to the 3^rd floor of the subject property. The said construction has been carried out without any sanctioned building plan and without obtaining written permission from the respondent no.1/MCD. The private respondents are further contemplating construction of an additional 4^th floor. It is the petitioner’s grievance that continued unauthorised construction poses a serious threat of structural damage and irreparable loss to the petitioner.

3. A complaint has been filed with respondent no.1/MCD on 27^th May, 2025, followed by a representation dated 12^th February 2026, along with photographs to show the unauthorised constructions.

4. Issue Notice.

5. Notice is accepted by counsel appearing on behalf of the respondent no. 1.

6. Having heard counsel for the parties, a direction is issued to the respondent no.1/MCD to inspect the subject property, to determine if there is any unauthorised construction and if so, action be taken in accordance with law.

7. The inspection will take place within one (1) week from today and appropriate action shall be taken expeditiously.

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

9. In terms of the aforesaid, the present writ petition, along with pending applications, stands disposed of.

10. All rights, contentions and legal remedies of the owner/occupier/private respondents are kept open.

AMIT BANSAL, J FEBRUARY 20, 2026 at