MUNIZA BEGUM @JAHAN ARA vs MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 27.03.2026 + LPA 166/2026, CM APPL. 19368/2026, CM APPL. 19370/2026, CM APPL. 19371/2026 & CM APPL. 19372/2026 MUNIZA BEGUM @JAHAN ARA .....Appellant Through: Mr. Samman Vardhan Gautam, Ms. Khushi Sharma, Mr. Priyam Tiwari and Ms. Anshika Priyadarshini, Advs. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Tushar Sannu and Ms. Joshi, Advs. for MCD. Mr. Ayush Gupta, Adv. for R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (Oral) CM APPL. 19369/2026 (Condonation of Delay) 1. For the reasons stated in the Application, the delay of 24 days in filing the Appeal is hereby condoned. 2. The Application stands disposed of. LPA 166/2026 3. The present Appeal is filed challenging the judgment and order dated 19.01.2026 (“Impugned Judgement”) passed in W.P.(C) 11652/2024 (“Writ Petition”), whereby the Writ Petition was dismissed on the ground Signature Not Verified Signed By:NEELAM LPA 166/2026 Page 1 of 13 SHARMA Signing Date:02.04.2026 18:08:18 that a disputed question of fact cannot be adjudicated upon, under the writ jurisdiction while leaving it open to the Appellant to take appropriate remedies available under the law. 4. The brief factual matrix leading to filing of the present Appeal is as under: 4.1. The Appellant is residing with her family on the ground floor of the property bearing House No. 14, Khasra No. 176, Lane No. 1, Johri Farm, Jamia Nagar, New Delhi-110025 (“Subject Property”) since 2001. 4.2. According to the Appellant, the owner of the fourth floor of the Subject Property, in collusion with the officials of Respondent No. 1, constructed fifth floor during the Covid-19 pandemic in the second half of the terrace above the fourth fl