$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 27.03.2026 + LPA 166/2026, CM APPL. 19368/2026, CM APPL. 19370/2026, CM APPL. 19371/2026 & CM APPL. 19372/2026 MUNIZA BEGUM @JAHAN ARA .....Appellant Through: Mr. Samman Vardhan Gautam, Ms.

Khushi Sharma, Mr. Priyam Tiwari and Ms. Anshika Priyadarshini, Advs.

versus MUNICIPAL CORPORATION OF DELHI &

ORS. .....Respondents Through: Mr. Tushar Sannu and Ms. Joshi, Advs. for MCD.

Mr. Ayush Gupta, Adv. for R-3.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (Oral CM APPL. 19369/2026 (Condonation of Delay)

1. For the reasons stated in the Application, the delay of 24 days in filing the Appeal is hereby condoned.

2. The Application stands disposed of.

LPA 166/2026

3. The present Appeal is filed challenging the judgment and order dated 19.01.2026 (“Impugned Judgement”) passed in W.P.(C) 11652/2024 (“Writ Petition”), whereby the Writ Petition was dismissed on the ground that a disputed question of fact cannot be adjudicated upon, under the writ jurisdiction while leaving it open to the Appellant to take appropriate remedies available under the law.

4. The brief factual matrix leading to filing of the present Appeal is as under:

4.1. The Appellant is residing with her family on the ground floor of the property bearing House No. 14, Khasra No. 176, Lane No. 1, Johri Farm, Jamia Nagar, New Delhi-110025 (“Subject Property”) since 2001.

4.2. According to the Appellant, the owner of the fourth floor of the Subject Property, in collusion with the officials of Respondent No. 1, constructed fifth floor during the Covid-19 pandemic in the second half of the terrace above the fourth floor. This resulted in several cracks in the walls and pillars of the Subject Property.

4.3. On 21.10.2021, Respondent No. 1 issued a Show Cause Notice with respect to the fourth floor of the Subject Property. On 23.10.2021, the Appellant filed a complaint with Respondent No. 1 against Respondent No. 2 for illegal and unauthorized construction undertaken in the Subject Property. However, as Respondent No. 1 did not take any action, the Appellant filed W.P.(C) 12144/2021 (“Earlier Petition”) seeking direction against Respondent No. 1 to initiate legal action against responsible persons for illegal constructions on the fifth floor of the Subject Property and seal and demolish the unauthorized construction carried out in disregard to the existing laws.

4.4. On 26.10.2021, Respondent No. 1 issued a Work Stop Notice for stopping the construction work and to confiscate the construction material, tool and machinery as well as to disperse the work force engaged in the construction activity at the Subject Property.

4.5. Vide order dated 27.10.2021, notice was issued in the Earlier Petition and the statement on behalf of Respondent No. 1 was recorded that the Subject Property had been booked and the Sub-Registrar was directed not to register any titled document in respect of the Subject Property and that the Delhi Jal Board and the Electricity Department had been directed to disconnect the water and the electricity supply. It was further directed that Respondent No. 1 shall ensure that no unauthorized construction activity is permitted in the Subject Property, except in accordance with the sanctioned building plan, if any, and Respondent No. 1 was directed to file the Status Report.

4.6. Pursuant to the order dated 27.10.2021, Respondent No. 1 issued Demolition Order dated 11.11.2021 (“Demolition Order”) against the illegal construction in the Subject Property. Being aggrieved by the Demolition Order, Respondent No. 3 preferred an appeal before the Appellate Tribunal of Municipal Corporation of Delhi (“ATMCD”) challenging the same.

4.7. On 09.02.2022, Respondent No. 1 filed a Status Report in the appeal before the learned ATMCD clarifying that the ground to third floor of the Subject Property were old and occupied, and the Demolition Order was passed with respect to unauthorized construction i