Yogesh Kumar v. Rupesh Kumar Thakur

Delhi High Court · 30 Apr 2026 · 2026:DHC:3838
Sachin Datta
CONT.CAS(C) 768/2026
2026:DHC:3838
administrative petition_dismissed

AI Summary

The Delhi High Court disposed of the petition after the MCD undertook to inspect and take immediate action against unauthorized construction within eight weeks, directing compliance monitoring and allowing the petitioner to seek further remedies if needed.

Full Text
Translation output
CONT.CAS(C) 768/2026
HIGH COURT OF DELHI
Date of Decision: 30.04.2026 YOGESH KUMAR .....Petitioner
Through: Mr. Hemant Choudhary, Adv.
VERSUS
RUPESH KUMAR THAKUR - CHIEF EXECUTIVE OFFICER -
DELHI URBAN SHELTER IMPROVEMENT BORAD & ORS. .....Respondents
Through: Mr. Gaganmeet Singh Sachdeva (SC) along with Mr. Harsh Preet Singh
Chadha, Mr. H. Khanna, Advs. for MCD Mr. Mukesh Gupta (SC) along with
Ms. Madhu yadav, Ms. Sneha Roy, Ms. Gurleen Kaur, Mr. S. Shukla, Advs.
Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain, Advs. for
DUSIB.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL)
JUDGMENT

1. The present petition has been filed by the petitioner alleging wilful disobedience/ non-compliance of the directions contained in the order dated 11.02.2026 passed by this Court in W.P.(C) 1945/2026. The said order reads as under:-

2. It is alleged by the petitioner that despite the aforesaid directions, the respondents have failed to take requisite action and consequently, unauthorised construction and encroachment have taken place in respect of the property/ies in question.

3. Mr. Mukesh Gupta, learned Standing Counsel appearing for the MCD submits that a fresh inspection shall be carried out in respect of the property in question and if any unauthorised construction and encroachment is found, appropriate and immediate action shall be taken in accordance with law. Let the concerned officials of the DUSIB also participate in the said fresh inspection being carried out by the MCD.

4. It is assured and undertaken by the learned counsel for MCD that if any unauthorised construction is ongoing, appropriate steps shall be taken to bring the same to an immediate halt. Further, action with regard to demolition of the unauthorised construction shall also be taken in accordance with law. The said statement and undertaking are taken on record.

5. Let the needful be done by the MCD expeditiously and in any event within a period of eight weeks from today.

6. The petition is disposed of taking on record the aforesaid undertaking.

7. Let a compliance affidavit be filed by the respondents within a period of three months from today.

8. In case, there is any shortcoming in the action taken by the MCD, the petitioner would be at liberty to avail appropriate legal remedies.

SACHIN DATTA, J APRIL 30, 2026