Amarjot Singh Sethi v. Municipal Corporation Of Delhi
$~30 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6540/2026 & CM APPL. 32295-32297/2026 AMARJOT SINGH SETHI .....Petitioner Through:
Mr, Pawanjit Singh Bindra with Ms.
Puja Jakhar, Mr. Harshit Prakash, Advocates.
versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Mr.
Umang Tyagi, Mr.
Sanyam Dahiya, Mr. Zuber Ali, Advocates for intervenor.
Mr. Ashutosh Gupta and Mr. Pulhit Garg, Advocates for MCD.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 22.05.2026 1.
The present writ petition has been filed seeking the following reliefs:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The petitioner is the owner and occupier of the first floor eastern (back) portion with mezzanine in property bearing No. B-1, Model Town, Delhi. The petitioner purchased the subject property vide registered sale deed dated 10th April, 2019. The intervenor is the owner of the second and third floor of the subject property.
3.
Pursuant to demolition order dated 9th December, 2020, demolition action was taken against the subject property. Subsequently, on 31st March, 2023 a protection order qua the ground floor and the first floor of the subject property was passed by MCD, holding that the said portions of the construction existed prior to 2007 and hence, were entitled to protection under the National Capital Territory of Delhi Laws (Special Provision) Second Amendment Act, 2011. Thereafter, the said protection was withdrawn by the respondent/MCD vide show cause notice dated 1st October, 2024, and a fresh demolition order was passed on 25th March, 2025 qua the ground floor and first floor of the subject property. 4.
The owners of the ground floor approached the Appellate Tribunal, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
MCD (hereinafter 'ATMCD') against the aforesaid demolition order and vide order dated 12th May, 2026, the aforesaid demolition order was set aside. Paragraphs 7 and 11 of the said order are set out below:- 7.
I have perused the record. It is admitted fact that the protection under National Capital Territory of Delhi Laws (Special Provision) Second Amendment Act, 2011 was given to the ground and the first floor vide order dated 31.03.2023. The intervener challenged that protection in W.P.(C) No.3581/24 where the MCD filed status report stating that protection is to be withdrawn by passing fresh order. The protection granted on 31.03.2023 was withdrawn unilaterally without providing any opportunity of being heard to the appellants The Hon'ble High Court never directed in this Writ Petition to withdraw the order dated 31.03.2023. The order dated 25.03.2025 is liable to be set aside on this ground alone.
11.
In these facts, the construction at the ground floor being old and prior to 08.02.2007 is protected under National Capital Territory of Delhi Laws (Special Provision) Second Amendment Act, 2011 till the act if in force. Therefore, the demolition order dated 25.03.2025 and the sealing order dated 04.06.2025 are kept in abeyance for the ground floor of property No. B-2, Model Town, New Delhi. The respondent/MCD shall be at liberty to take action once the Act ceases to be in force. Both the appeals stand disposed of."
5.
The petitioner tried to intervene in those proceedings by filing an application under Order I Rule 10 CPC, which was rejected by the ATMCD. Hence, the petitioner has approached this Court by way of the present writ petition stating that he is identically placed as the owners/occupiers of the ground floor and hence, is entitled to protection under the National Capital Territory of Delhi Laws (Special Provision) Second Amendment Act, 2011. 6.
Having heard the counsel for the petitioner, MCD, as well as the intervenor, the present writ petition is disposed of while directing the respondent/MCD to pass a fresh speaking order qua the the petitioner's property, keeping in mind the observations made by the ATMCD in the order passed on 12th May, 2026 qua the ground floor of the subject property. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
The speaking order shall be passed after giving personal hearing to the petitioner as well as the intervenors.
8.
Pending application also stands disposed of.
AMIT BANSAL, J MAY 22, 2026 Vivek/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.