Raj Bindu Charitable Trust v. Municipal Corporation Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2598/2026 & CM APPLs. 12654/2026, 12655/2026 RAJ BINDU CHARITABLE TRUST .....Petitioner Through:

Mr. Saurabh Seth, Mr. Neelampreet Kaur, Mr. Sumer Seth, Mr. Abhiroop Rathore, Mr.

Kabir Dev and Mr. Sukhvir Singh, Advocates versus MUNICIPAL CORPORATION OF DELHI & ANR......Respondents Through:

Mr. Vikas Chopra, Standing Counsel for MCD with Mr. Neeraj Kumar, Advocate for MCD Mr. Nishant Gautam, CGSC with Ms.

Kavya Shukla, Mr. Vineet Negi, Mr.

Naman Sharma and Ms.

Theresa Shaji, Advocates for UoI.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 24.02.2026 CM APPL. 12655/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 2598/2026 and CM APPL. 12654/2026 (seeking ex-parte adinterim stay) 3.

The present writ petition has been listed as per urgent mentioning. 4.

The petitioner seeks a direction to restrain the respondent no.1/MCD from taking coercive action including demolition/sealing against the W.P.(C) 2598/2026 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 25/02/2026 at 15:32:24

petitioner-school premises located at Village Salahpur, Bijwasan, New Delhi-110061.

5.

It is stated by the petitioner that the demolition order has been passed without giving any show cause notice to the petitioner and without giving a personal hearing to the petitioner in violation of the directions passed by Supreme Court in In Re: Directions in the matter of demotion of structures, 2024 SCC OnLine SC 3291.

6.

Mr. Vikas Chopra, counsel appearing on behalf of the respondent no.1/MCD, on advance notice, disputes the aforesaid contention on behalf of the petitioner. He further submits that the present writ petition is not maintainable as the proper remedy for the petitioner would be to approach the Appellate Tribunal, MCD ('ATMCD').

7.

Accordingly, the present writ petition is disposed while giving liberty to the petitioner to approach the ATMCD within one (1) week from today. 8.

Till the time, the matter is listed and considered by ATMCD, including any application for interim stay, no coercive action shall be taken by the respondent no.1/MCD against the petitioner. 9.

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

10.

Copy of this order be given dasti to counsel for the parties under signatures of Court Master.

AMIT BANSAL, J FEBRUARY 24, 2026 ds W.P.(C) 2598/2026 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 25/02/2026 at 15:32:24