Rohit Aggarwal v. Municipal Corporation Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 622/2026, CM APPL. 3080/2026 & CM APPL. 7589/2026 ROHIT AGGARWAL .....Petitioner Through:

Mr.

Akshay Makhija, Senior Advocate with Mr. Rajiv Dalal, Mr.

Sanjeev Kumar Sharma, Mr. Shresth Kaushik & Ms. Deepti Singh Arya, Advocates.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Rohit Kathuria, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 07.02.2026 1.

The present writ petition has been filed seeking quashing of the notice dated 23rd June, 2025 issued by the respondent/ MCD in respect of demolition of the unauthorised construction in Shri Laxmi Narayn Temple located at Plot No. 43, Class A, Block West, Dilshad Colony, Garden Estate, Village Jhilmil Tahirpur, Delhi-110095.

2.

Mr. Akshay Makhija, senior counsel appearing on behalf of the petitioner, submits that the aforesaid notice has been issued only upon one Shri Jatinder Kumar Aggarwal, who had already expired on 13th May, 2025. This fact came to the knowledge of the respondent/ MCD in July 2025. 3.

In terms of the order passed on 16th January, 2026, the petitioner sought time to place on record documents to show ownership of the W.P.(C) 622/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2026 at 12:59:17

petitioner in the subject property.

4.

Ownership documents have been placed on record by way of CM APPL. 7589/2026.

5.

A perusal of the documents suggest that the petitioner is a part-owner of the subject property.

6.

Mr. Rohit Kathuria, counsel appearing on behalf of the respondent/ MCD submits that the demolition order has been passed against not only Mr. Jatinder Kumar Aggarwal but also in respect of owners/ builders of the property.

7.

He submits that the remedy of the petitioner with regard to the demolition order would be to approach the Appellate Tribunal, MCD (hereinafter 'ATMCD').

8.

In view thereof, the present writ petition, along with pending applications, is disposed of while giving liberty to the petitioner to approach ATMCD.

9.

The petitioner shall approach ATMCD within three (3) weeks from today.

10.

Till the time ATMCD considers the matter, including any application for interim stay, no coercive action shall be taken by respondent/ MCD. 11.

It is clarified that this Court has not expressed any opinion on the merits of the case.

AMIT BANSAL, J FEBRUARY 7, 2026 at W.P.(C) 622/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2026 at 12:59:17