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2026 Supreme(Online)(Del) 6470

IN THE HIGH COURT OF DELHI AT NEW DELHI


2026:DHC:3494


CONT.CAS(C) 1477/2024


JAGBALI SINGH .....Petitioner


versus


SH KRISHAN JAKAR & ORS. .....Respondents


Through: Mr. Aabhas Dahiya, Mr. Nitish Dahiya, Mr. Lokesh Yadav, Mr. Akash Harjai and Ms. Priyanka S Aneja, Advocates.


Through: Mr. Abhinav Singh and Ms. Prapti Jain, Advocates for GNCTD.


Mr. Niraj Kumar, Sr. Central Govt. Counsel for R-2/Delhi Police.


CORAM:


HON'BLE MR. JUSTICE SACHIN DATTA


Date of Decision: 23.04.2026

SACHIN DATTA, J. (ORAL)

1. An updated status report has been filed on behalf of the MCD, wherein, it has been stated as under:-

“3. That pursuant to demolition / sealing orders already passed in respect of the subject property, the Building Department -II of South Zone – MCD has tried / takeri / carried out the further necessary action as per details given herein below:

S. No. Date of Action Action Taken
1. 11/11/2025 Upon availability of police force, bathroom and lift lobby at Stilt floor have been sealed at 0 1 point each. Moreover, lift lobby at First floor has also been sealed at 01 point.
2. 21/11/2025 Upon availability of police force, 01 room at Stilt floor has been sealed at 0 1 point.
3. 17/01/2026 Upon availability of police force, the earlier seals affixed by the department were found tampered with. However, 02 rooms at Stilt floor have been sealed at 02 points and main entrance of the lift has also been sealed at 01 point.
4. 06/04/2026 Action could not be taken due to shortage of time.
5. 08/04/2026 Upon availability of police force, after desealing the property, brick walls of the room, wooden door and frame ... have been demolished (Room adjacent to lift).

Beside this, brick wall of the room has been demolished and door has also been removed at Stilt floor.

4. That after taking the aforesaid demolition/ sealing action, letters dated 11/11/2025, 21/11/20205 and 09/04/2026 have also been sent to concerned, SHO PS Maidangarhi, New Delhi with the request to direct the area patrolling staff to keep strict watch and ward over the subject property so that the demolished portion may not be restored / repaired and the seals affixed by the department may not be tampered with.

5. That the department has now fixed the further necessary demolition / sealing action programme in respect of the subject property for 28/04/2026 which will be taken / carried out upon availability of police force.”

2. Learned counsel for the MCD submits that the MCD faces an impediment on account of want of requisite assistance from the SHO PS Maidangarhi, New Delhi, for the purpose of taking demolition action to its logical conclusion.

3. In the circumstances, the SHO PS Maidangarhi, New Delhi is requested to render appropriate assistance to the MCD so that necessary demolition action can be carried out on 28.04.2026 and taken to its logical conclusion.

4. The SHO PS Maidangarhi, New Delhi shall also render assistance for the purpose of evicting the occupants of the property in question for the purpose of taking necessary action.

5. Needless to say, the proposed action to be taken by the MCD shall be without prejudice to rights and legal remedies of the owners / occupiers of the property in question.

6. The petition is disposed of in the above terms.

7. Let a compliance affidavit be filed by the MCD as also by the SHO PS Maidangarhi, New Delhi, within a period of six weeks from today.

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