CONT.CAS(C)/1058/2026 of RAJEEV RANJAN Vs SHRI SANJEEV KHIRWAR (IAS) & ORS. on 16 September 2026

1. SANJEEV KHIRWAR COMMISSIONER & ORS. .....Respondents Through: Mr. Kapil Dutta, SC for MCD with Ms. Akanksha Gupta, Adv.

Mob: 9013799111

Email: advakankshagupta@hotmail.com Mr. Kirti Uppal, Sr. Adv. with Ms. Shaini Bhardwaj and Mr. Vedic Thukral, Advs.

Mob: 7895664246 Mr. Vedansh Anand, SPC with Mr. Kush Garg, Adv. for R-SHO

Mob: 9643051205

Email: vedansh.spcoffice@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

MINI PUSHKARNA, J. (ORAL):

1. Learned Senior Counsel appearing for the petitioner in CONT.CAS(C) 1416/2026 has handed over to this Court, a copy of the Affidavit in terms of the order dated 12th August, 2025, detailing the other petitions filed on behalf of the petitioner.

2. The same is taken on record.

3. Learned counsel appearing for the Municipal Corporation of Delhi

(“MCD”) draws the attention of this Court to paragraph 05 of the Status Report dated 08th September, 2026 filed by the MCD to submit that the two addresses by which the property in question is identified, are actually one and the same property.

4. Paragraph 05 of the said Status Report filed on behalf of the MCD, which has been filed after approval of the Commissioner, MCD, is reproduced as under: “xxx xxx xxx

xxx xxx xxx”

5. Learned counsel appearing for the MCD further submits that regular action has been taken against the unauthorized construction existing in the property in question, which has been identified by the MCD as property bearing no. H-117, adjacent to House No. H-17/118, Ratia Marg, Sangam Vihar, New Delhi.

6. Learned counsel appearing for the MCD further submits that since the colony in question is an unauthorized colony, private property numbers are given by the persons, on account of which, sometimes one property may have multiple property numbers.

7. He further submits that since, in the present case, the property was booked by longitude and latitude, the address as given by the MCD confirms with the property in question, wherein, the unauthorized construction in question exists.

8. Learned counsel appearing for the MCD further submits that the regularization application filed by the owner/builder of the property in question has already been rejected and that the requisite action shall be taken in accordance with law.

9. He further submits that action in the said property is now fixed on 28th September, 2026.

10. Accordingly, MCD is held bound by the aforesaid statement, and is directed to ensure that no further unauthorized construction takes place in the property in question.

11. Further, demolition/sealing action shall also be taken against the existing unauthorized construction in the property in question.

12. At this stage, learned Senior Counsel appearing for the owner/builder of the property in question submits that they shall seek their remedies, in accordance with law, against the rejection of their regularization application.

13. The aforesaid statement is taken note of.

14. Learned Senior Counsel appearing for the petitioner in CONT.CAS(C) 1416/2026 disputes the said Status Report filed on behalf of the MCD and submits that a false Status Report has been filed on behalf of the MCD.

15. He reiterates that the property on which action is being taken by the MCD is different from the property for which the complaint had been made.

16. If that be the case, the petitioner in CONT.CAS(C) 1416/2026 is at liberty to seek their remedies, which are available to him.

17. However, this Court will not go into disputed questions of facts in the present petitions, especially, in view of the Status Report dated 08th September, 2026, filed on behalf of the MCD, which has been filed under the approval of the Commissioner, MCD.

18. Learned counsel appearing for the petitioner in CONT.CAS(C) 1058/2026, upon instructions, submits that the petitioner is satisfied with the action taken by the MCD, and he wishes to withdraw the present petition.

19. He further submits that an application being CM APPL. 41372/2026, has also been filed on behalf of the petitioner in that regard.

20. Accordingly, CONT.CAS(C) 1058/2026 is dismissed as withdrawn along with the pending applications.

21. CONT.CAS(C) 1416/2026 is disposed of in view of the submissions made by learned counsel appearing for the MCD with regard to further requisite action being taken against the unauthorized construction existing in the property in question, in accordance with law.

22. The MCD shall ensure that requisite action is taken in a time bound manner.

23. Pending applications also stand disposed of.

MINI PUSHKARNA, J SEPTEMBER 16, 2026/SK