Ghanshyam Soni v. Municipal Corporation Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8285/2026 & CM APPL. 39106/2026 GHANSHYAM SONI .....Petitioner Through:

Mr. Siddharth Garg and Mr. Himanshu Chaubey, Advs.

versus MUNICIPAL CORPORATION OF DELHI AND ANR.

....Respondents Through:

Mr.

Kartikay Aggarwal Ms.

Jyotika Sharma, Advs. for MCD

CORAM:

HON'BLE MS. JUSTICE MADHU JAIN

O R D E R

% 19.06.2026 1.

This hearing has been done through hybrid mode. CM APPL. 39107/2026 2.

Allowed, subject to all just exceptions. Accordingly, the application is disposed of.

W.P.(C) 8285/2026 & CM APPL. 39106/2026 3.

This petition has been filed by the Petitioner under Article 226 of the Constitution of India for India seeking the following reliefs: "(i) issue an appropriate writ, order or direction in the nature of certiorari quashing and setting aside the Vacation Notice dated 15.06.2026 issued by Respondent No. 2 under Section 349 of the Delhi Municipal Corporation Act, 1957 in respect of Property No. A-93, Khasra No.195, Gali No.1, Sonia Vihar, Delhi-110094, to the Petitioner, (ii) issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondents The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to consider decide the Petitioner's reply/representation dated 15.06.2026 in a fair, objective and reasoned manner after furnishing the documents sought therein, including the inspection report, measurement report, site plan and other relied upon material;

(iii) issue an appropriate writ, order or direction restraining the Respondents, their officers, agents and representatives from taking any coercive action, including demolition, dispossession, sealing, vacation or removal of the Petitioner or his family members and any other person from the subject property pursuant to the Vacation Notice dated 15.06.2026 issued by Respondent No. 2 under Section 349 of the Delhi Municipal Corporation Act, 1957 in respect of Property No. A-93. Khasra No. 195, Gali No. 1, Sonia Vihar, Delhi-110094, to The Petitioner:

(iv) issue an appropriate writ, order or direction directing the Respondents to maintain status quo with respect to possession and occupation of the subject property till the Petitioner's representation dated 15.06.2026 is duly considered and disposed of by a reasoned order:

(v) issue an appropriate writ, order or direction directing that no coercive action be taken against the Petitioner for a reasonable period after reopening/functioning of the competent appellate forum so as to enable the Petitioner to avail the statutory remedy available against the demolition order dated 18.05.2026; and/or (vi) pass such further and other reliefs, as this Hon'ble Court may deem fit, proper appropriate, in the nature and circumstances of this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

case."

4.

Learned Counsel for the Municipal Corporation of Delhi, who appears on advance notice, submits that not only once but three show cause notices were served upon the Petitioner and thereafter the Vacation Notice dated 15.06.2026 came to be passed.

5.

A perusal of the record shows that the Petitioner also gave his reply/representation dated 15.06.2026.

Therefore, in the facts circumstances of the case, it will be in the best of interest that the Respondents shall decide the reply/representation dated 15.06.2026 given by the Petitioner, after giving him an opportunity of personal hearing, and thereafter pass a detailed and reasoned order.

6.

Till such time, no coercive action shall be taken against the subject property pursuant to the impugned Vacation Notice dated 15.06.2026. 7.

Accordingly, the Petition is disposed of.

8.

Pending application(s), if any, also stand(s) disposed of. 9.

The order be uploaded on the website forthwith. MADHU JAIN, J.

(VACATION JUDGE) JUNE 19, 2026/b/Av The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.