Sh Kartik Sharma v. Municipal Corporation Of Delhi & ANR.

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8011/2026, CM APPL. 38395/2026, CM APPL. 38396/2026 & CM APPL. 38397/2026 SH KARTIK SHARMA .....Petitioner Through:

Mr. Samman Vardhan Gautam, Ms.

Khushi Sharma, Mr. Priyam Tiwari and Ms.

Anshika Priyadarshini, Advocates versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through:

Mr. Kapil Dutta, Standing Counsel for MCD Mr. Pritish Sabharwal, SPC for UOI with Ms. Shweta Singh and Mr.

Sanjeet Kumar, Advocates for R-2/SHO

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 29.05.2026 1.

The matter has been taken upon mentioning at 04:00 PM. CM APPLS. 38396/2026 & 38397/2026 (exemption) 2.

Allowed, subject to all just exceptions.

W.P.(C) 8011/2026 CM APPL. 38395/2026 (seeking ad interim relief) 3.

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.

4.

The petitioner is an occupant of the third and fourth floors of the property bearing no.B-1/170, Third Floor, Janakpuri, New Delhi. 5.

Earlier, a demolition order as well as a sealing order dated 4th December, 2025, was passed in respect of the entire property. The petitioner filed an appeal against the said order before the Arbitral Tribunal, MCD. ATMCD, vide order dated 2nd April, 2026, granted interim protection in favour of the petitioner.

6.

Subsequently, an application for vacation of stay was filed by MCD before the ATMCD, on which an order was passed by ATMCD on 25th May, 2026, vacating the interim protection granted in favour of the petitioner. Paragraph 8 of the said order is set out below:- "In these facts, the interim protection dated 02.04.2026 is vacated. The appellant is directed to demolish the entire construction at the fourth floor within three days from today failing which the respondent is directed to demolish the entire construction at fourth floor at the cost of the appellant."

7.

The grievance of the petitioner is that only three days' time has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

given to the petitioner to carry out the demolition of the fourth floor, failing which, the respondent/MCD has been directed to carry out the demolition. He submits that pursuant to the aforesaid order, MCD officials have reached the premises of the petitioner to carry out the demolition. 8.

In my considered view, adequate time should have been given to the petitioner to invoke his legal remedies against the impugned order. 9.

This Court is also conscious of the fact that today is the last working day before the summer recess of this Court.

10.

In view thereof, the present writ petition is disposed of while granting time to the petitioner till 7th July, 2026, to avail appropriate remedies in law against the order passed by the ATMCD on 25th May, 2026. 11.

The respondent no.1/MCD shall be entitled to carry out demolition action in the event the petitioner is unable to obtain interim protection on or before 7th July, 2026.

AMIT BANSAL, J MAY 29, 2026 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.