High Court of DelhiW.P.(C)/9822/2025

Saika Gowhar v. Municipal Corporation Of Delhi

2025-07-15Hon'Ble Ms. Justice Mini Pushkarna11 pages

$~75 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SAIKA GOWHAR .....Petitioner Through:

Mr. Nikhil Rana, Mr. Harsh Malik, Ms. Jaya Sharma, Ritik Sharma, Mr.

Shashank Chauhan Advocates (M:

9870570037 Email:

advocatenikhilrana@gmail.com) versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Ms.

Saroj Bidawat Advocate for MCD (M: 9811111060) (through VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 15.07.2025 1.

The present writ petition has been filed with prayer that the petitioners be granted some time to avail their remedy for challenging the Vacation Notice bearing no. 613/Bldg. I/SZ/2024, dated 03rd July, 2025, in respect of the Property bearing no. B-143, Panchsheel Vihar, New Delhi. 2.

Learned counsel appearing for the petitioner, relies upon the previous orders passed by this Court viz. order dated 09th July, 2025, passed in W.P.(C) 9471/2025 titled as 'Himangshu Dhali

Versus

Municipal Corporation of Delhi" and other connected matters. He submits that similar protection may also be granted to the petitioner, to approach the Appellate Tribunal MCD ("ATMCD").

Learned counsel for Municipal Corporation of Delhi ("MCD") has handed over a copy of the Status Report dated 15th July, 2025, of the various actions taken by the MCD, with respect to the property in question, which is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

taken on record.

Learned Counsel appearing for the respondents submits that the property in question, i.e., B-143, Panchsheel Vihar, New Delhi, already stands booked vide order dated 26th July, 2019. It is further submitted that as per the Status Report, regular action has been taken against the property, since the year 2020, in the following manner: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Perusal of the aforesaid Status Report categorically shows that consistent action has been taken by the MCD against the unauthorized construction in the property in question. Therefore, it cannot be said that the petitioner was unaware of the actions being taken by the MCD, or that she had been taken by surprise upon issuance of the Vacation Notice dated 03rd July, 2025.

Accordingly, though the petitioner has the liberty to approach the ATMCD to seek her legal remedies, however, in the facts and circumstances of the present case, this Court is not inclined to grant any protection, to the petitioner.

Noting the aforesaid, the present writ petition is accordingly disposed of.

MINI PUSHKARNA, J JULY 15, 2025/sn The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.