Shammi Madan v. Municipal Corporation Of Delhi
$~77 & 78 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9824/2025 SAVITA KOHLI .....Petitioner Through:
Mr. Shiv Kumar Gautam, Mr. Rohit Gupta, Mr. Gopal Agonia, Mr. Ayush Kumar Singh and Mr. Shanu Ansari, Advs.
versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Mr. Gyanendra Kumar, Adv.
M: 9560505601 + W.P.(C) 9825/2025 SHAMMI MADAN .....Petitioner Through:
Mr. Shiv Kumar Gautam, Mr. Rohit Gupta, Mr. Gopal Agonia, Mr. Ayush Kumar Singh and Mr. Shanu Ansari, Advs.
versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Mr. Kapil Dutta , Mr. Vansh Luthra and Mr. Siddharth Parashar, Advs.
M: 9811135509
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 15.07.2025 1.
The present writ petitions have been filed with the prayers that the petitioners be granted some time to avail their legal remedies for challenging the Vacation Notice bearing no. 627/BLDG.1/SZ/2025 dated 07th July, 2025 in respect of Flat No. 1, Upper Ground Floor, Property No. B-100, Panchsheel Vihar, New Delhi-110017, and in respect of Flat No. 3, Third The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Floor, Property No. B-100, Panchsheel Vihar, New Delhi-110017. 2.
Learned counsel appearing for the petitioners draws the attention of this Court to order dated 09th July, 2025, passed in W.P.(C) 9471/2025, Himangshu Dhali Versus Municipal Corporation of Delhi, and other connected matters, to submit that in similar cases, directions have been passed in favour of the petitioners therein. Thus, it is prayed that in parity with the orders passed previously by this Court, liberty be granted to the petitioners to approach the Appellate Tribunal, Municipal Corporation of Delhi ("ATMCD") in order to seek their remedies, in accordance with law. 3.
Issue notice. Notice is accepted by learned counsel appearing for the Municipal Corporation of Delhi ("MCD").
4.
Learned counsel appearing for MCD submits that since this Court has only granted liberty to petitioners for seeking their remedies in accordance with law, it may be clarified that this Court has not considered the merits of the case.
5.
It may also be noted that the judgment of the Division Bench does not preclude the owners/occupiers of any property to seek their remedies, in accordance with law.
6.
Accordingly, this Court proceeds to pass appropriate orders in the present matter.
7.
Having heard the learned counsels for the parties, this Court notes that vide order dated 09th July, 2025, in W.P.(C) 9471/2025, titled as "Himangshu Dhali Versus Municipal Corporation of Delhi" and other connected matters, this Court had held as follows: "xxx xxx xxx 2.
Learned counsel appearing for the petitioners submits that the petitioners, along with their family members, have been residing in their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respective flats peacefully and that no construction has been carried out by the petitioners in the property in question. Further, there is no ongoing construction in the property in question. 3.
It is submitted that on 8th July, 2025, the petitioners saw that the Vacation Notice dated 7th July, 2025, as issued by the Building Department, Municipal Corporation of Delhi ("MCD"), as aforesaid, had been pasted outside the building in question. 4.
The said Vacation Notice dated 7th July, 2025, reads as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
It is the contention on behalf of the petitioners that it is only now for the first time, that the fact of issuance of a Vacation Notice, has come to the knowledge of the petitioners.
6.
It is submitted that no Show Cause Notice or any Demolition order has ever been received by the petitioners with respect to any unauthorised construction the property in question. 7.
It is submitted that the petitioners have not been granted any opportunity by the respondent - MCD to put forth their defence. Thus, it is submitted that any action by the respondent - MCD, is in violation of the Principles of Natural Justice.
8.
Issue notice. Notice is accepted by learned counsel appearing for the respondent-MCD.
9.
Learned counsel appearing for the respondent hands over a copy of the judgment dated 20th October, 2023, passed by Division Bench of this Court in W.P.(C) 14313/2022, titled as Universal Human Rights Foundation Versus Govt. of NCT of Delhi and Ors. 10.
He submits that the action is being undertaken by the MCD pursuant to the various orders passed by this Court, as well as Special Task Force ("STF").
11.
He submits that rampant unauthorised construction exists in the area in question, i.e., Panchsheel Vihar, Malviya Nagar, New Delhi110017. Thus, it is submitted that the action taken by the MCD, is proper and in accordance with law.
12.
Learned counsel appearing for the respondent-MCD further submits that all the requisite notices were issued to the petitioners in consonance with the Principles of Natural Justice. 13.
Having heard learned counsel appearing for the parties, this Court notes that the judgment dated 20th October, 2023, passed in W.P.(C) 14313/2022, as relied upon by learned counsel appearing for the respondent, itself clearly states that any action undertaken by the MCD, shall be subject to the proceedings pending before the Appellate Tribunal, MCD, ("ATMCD").
14.
The relevant portion of the said judgment, pertaining to some other property in the same area, reads as under:
"xxx xxx xxx
8. In our considered opinion, further action by the MCD in respect of the properties bearing Nos. B-106 and B-104, Panchsheel Vihar, New Delhi, would have to abide by the outcome of the proceedings before the Appellate Tribunal, MCD. The MCD is directed to ensure all steps are taken in accordance with the directions recorded by the Appellate Tribunal, MCD. In respect of other properties which are subject matter of the present petition, the report points out that demolition stands scheduled for 29th September, 2023, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
which will be carried out upon availability of police force. Considering the above, the MCD is directed to ensure that the demolition action of the other properties is completed at the earliest and if not already done, should be completed within a period of two weeks from the date of uploading of this judgment. The Delhi Police, including the concerned SHO of the area, and other concerned agencies, are directed to render assistance in the demolition action.
xxx xxx xxx"
(Emphasis Supplied) 15.
At this stage, this Court notes the submission of learned counsel appearing for the petitioners in the present petitions that they may also be granted an opportunity to seek their remedies in accordance with law. 16.
Since, it is the case of the petitioners that Principles of Natural Justice have not been followed, this Court considers it fit to grant appropriate opportunity to the petitioners to challenge the action of the MCD before the proper forum, i.e., ATMCD.
17.
Accordingly, though it is the case of the respondent-MCD that requisite notices have already been supplied to the petitioners, considering the submissions made before this Court, learned counsel appearing for the respondent-MCD, is directed to supply copy of all the notices/documents to learned counsel appearing for the petitioners, on the E-mail, which is reflected in today's order. 18.
Let the needful be done by learned counsel appearing for the MCD by today itself.
19.
Liberty is granted to the petitioners to approach the ATMCD, in order to seek their remedies in accordance with law. 20.
In order to allow the petitioners to approach the ATMCD, it is directed that no coercive action shall be taken against the property of the petitioners, for a period of four weeks from today. 21.
It is clarified that, in case, the petitioners do not file appeal before the ATMCD within a period of four weeks from today, the interim protection granted to the petitioners by today's order, shall automatically lapse.
xxx xxx xxx"
8.
Considering the fact that on previous occasions, this Court has already granted liberty to the petitioners to approach the ATMCD, this Court finds no reason to take a different view in the present petitions. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Accordingly, in parity with the orders passed by this Court on previous occasions, this Court is of the view that a similar liberty ought to be given to the petitioners in the present matters, as well. 10.
Accordingly, liberty is granted to the petitioners to approach the ATMCD, in order to seek their remedies in accordance with law. 11.
In order to allow the petitioners to approach the ATMCD, it is directed that no coercive action shall be taken against the properties of the petitioners, for a period of four weeks from today. 12.
It is clarified that, in case, the petitioners do not file their respective appeals before the ATMCD, within a period of four weeks from today, the interim protection granted to the petitioners by today's order, shall automatically lapse.
13.
It is further clarified that this Court has not considered the merits of the case.
14.
Upon the petitioners filing their respective appeals before the ATMCD, the same shall be considered by the ATMCD on their own merits and in accordance with law.
15.
Needless to state that the rights and contentions of the parties are left open.
16.
Accordingly, with the aforesaid directions, the present writ petitions are disposed of.
MINI PUSHKARNA, J JULY 15, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.