Mamta Chauhan v. New Delhi Municipal Council And ORS.

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2438/2026 & CM APPL. 11891/2026 MAMTA CHAUHAN .....Petitioner Through:

Ms. Kanika Hooda, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL AND ORS.

.....Respondents Through:

Mr. Sunder Khatru, ASC NDMC with Mr. Ravi Grover, Mr. Naman Khatri, Ms. Chetna Aggarwal & Mr. Gaurav Jaggi, Advocates.

(through videoconferencing).

Mr. Syed Husain Adil Taqvi, Senior Panel Counsel with Ms.

Soumya Saxena, Mr. Hamza and Mr. Waseem, Advocates for R-4. (Through videoconferencing)

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 20.02.2026 1.

The present writ petition has been filed seeking quashing of the demolition orders dated 10th July, 2025, 19th September, 2025, 11th December, 2025 and vacation notice dated 28th January, 2026, as the said orders have been passed in complete violation of principles of natural justice.

2.

It is the case of the petitioner that a show cause notice in respect of the unauthorized construction was issued by the respondent-NDMC, as far W.P.(C) 2438/2026 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 24/02/2026 at 12:35:11

back as 28th November, 2017 to the previous owner of the said property. 3.

The petitioner became the owner of the property via registered sale deed dated 22nd December, 2021. It is stated that no show cause notice was sent to the petitioner after the said date.

4.

The demolition orders have been passed, without giving an opportunity to the petitioner to be heard.

5.

Counsel appearing on behalf of the respondent-NDMC objects to the maintainability of the present writ petition as the petitioner has the statutory right of appeal available under Section 247 of the NDMC Act, 1994. 6.

However, taking into account that the order has been passed in violation of principles of natural justice, this Court is inclined to entertain the present writ petition.

7.

Having heard counsel for the parties, I am satisfied that the demolition orders could have been issued by the respondent-NDMC only after giving an opportunity to the petitioner to put forth her case. 8.

Accordingly, the demolition orders dated 10th July, 2025, 19th September, 2025, 11th December, 2025 and vacation notice dated 28th January, 2026 are quashed.

9.

Liberty is given to the respondent-NDMC to issue a fresh show cause notice to the petitioner and proceed in accordance with law. 10.

In view of the above, the petition stands disposed of. AMIT BANSAL, J FEBRUARY 20, 2026 at W.P.(C) 2438/2026 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 24/02/2026 at 12:35:11