Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 CS SCJ 1317/25 VAIBHAV GUPTA Vs. RAJENDER
KUMAR
11.07.2026
Present: Sh. Mayank Mann Ld. Counsel for plaintiff.
Ms. Vasu Singh Ld. Counsel for defendant/
MCD with AE Sh. Subhit Kumar.
Sh. Vaibhav Gupta Ld. Counsel for defendant
no.1-3 through VC.
Submissions have been heard.
It is stated by Ld. Counsel for defendant no.1-3
that no new construction has been raised and the application is
misconceived. It is admitted position that MCD has taken
demolition action partly around 10 days back and at present
there is only one room on the 4th floor and tanks are placed on
the roof of 4th floor.
The defendant no.1 -3 are directed to file reply to
the present application and in the meanwhile are directed to not
raise any construction over the 4th floor till NDOH.
It has been pointed out that a gate has also been
installed on the stairs by defendants from 2nd floor toward 3rd
floor and which has restricted the access of the plaintiff to the
roof. It is also admitted position that the defendants do not have
exclusive roof rights and the construction on the 3rd floor as well
as on the 4th floor has been booked. In such circumstances, the
defendants are directed to have the gate installed between 2nd
and 3rd floor removed within a week from today.
Be put up for further arguments on the application
of the plaintiff on 15.07.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/11.07.2026
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