W.P.(C)/15124/2026 of ANKUR ARORA & ANR. Vs MUNICIPAL CORPORATION OF DELHI & ORS. on 12 October 2026

O R D E R

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12.10.2026

1. By virtue of present petition, the petitioner seeks following reliefs: “a. Issue a writ of mandamus or any other appropriate writ, order, or direction to Respondent No. 1/MCD to immediately get stopped the illegal, unauthorized construction, excavation, and demolition activities being carried out by Respondent Nos. 4 and 5 at the Subject Property bearing No. F-9, Main Road, Kalkaji, New Delhi- 110019, which is being carried out in gross violation and contravention of the Delhi Municipal Corporation Act 1957, Unified Building Bye Laws for Delhi-2026 and Master Plan for Delhi-2021; b. Issue a writ of Mandamus or any other appropriate writ, order, or direction to Respondent No. 1/MCD to forthwith revoke and cancel the sanctioned building plan obtained by Respondent Nos. 4 and 5 in respect of the Subject Property, as the same was obtained by fraud and misrepresentation and is in contravention of the DMC Act, 1957, Unified Building Bye-Laws for Delhi-2016, and Master Plan for Delhi-2021; c. Issue a writ or any other appropriate writ, order, or direction quashing and setting aside the Sale Deed dated 27.01.2026 bearing Registration No. 2026/10/1/788 and the Deed of Declaration dated 27.01.2026 bearing Registration No. 2026/10/IV/103, both executed in respect of the Subject Property, as being illegal, null and void, non-est in law, and in violation of subsisting judicial orders; d. Issue a writ of Mandamus or any other appropriate writ, order, or directing MCD - Respondent No.1 to check, verify and scrutinise the Online Application/Sanction of Building Plans of F-9 in accordance with DMC Act, 1958 and the Rules & Regulations stipulated and mandated for sanction of Plans. e. Pass an ex-parte ad-interim order directing the maintenance of status quo in respect of the nature, title, and possession of the Subject Property and restraining the Respondents from creating any further third-party rights or carrying out any further construction thereon, pending the hearing and final disposal of the present petition; f. Pass any such other and further order(s) as this Hon 'ble Court may deem fit and proper in the facts and circumstances of the present case, in the interest of justice.”

2. Since the present petition is not maintainable in view of the categoric provisions contained in Sections 347(b), (f) & (k) of the DMC Act, learned counsel for the petitioners, after some arguments, seeks to withdrawn the present petition, with liberty to take appropriate steps in accordance with law.

3. As such, the present petition, alongwith pending applications, is dismissed as withdrawn with liberty as prayed for.

SAURABH BANERJEE, J OCTOBER 12, 2026/da