Subash Chauhan v. Municipal Corporation Of Delhi
$~79 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ SUBASH CHAUHAN .....Petitioner Through:
Mr. Shiv Kumar Gautam, Mr. Rohit Gupta, Mr. Gopal Agonia, Mr. Ayush K. Singh and Mr. Shanu Ansari, Advs.
versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Mr. Siddharth Gupta SC for MCD (M: 9810141287 Email:
guptasiddharth73@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 15.07.2025 1.
The present writ petition has been filed with a prayer that the petitioner be granted some time to avail his remedies in accordance with law, for challenging the Vacation Notice No. 623 /BLDg.1/SZ/2025 dated 07th July, 2025, pasted on 11th July, 2025.
2.
It is submitted that the petitioner is the owner/occupant of property bearing no. C-1, Panchsheel Vihar, Khirki Village, New Delhi, and the petitioner has been occupying the said property peacefully. 3.
Responding to the present writ petition, learned counsel appearing for the respondent-Municipal Corporation of Delhi ("MCD") has handed over to this Court a copy of the synopsis/Status Report dated 15th July, 2025, along with photographs, which is taken on record.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
As per the said Status Report, various actions have been taken against the property in question since the year 2022, 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Perusal of the aforesaid Status Report submitted by the MCD clearly shows that continuous action is being taken by the MCD against the unauthorized construction existing in the property, since the year 2022. 6.
Accordingly, considering the submissions made before this Court that unauthorized construction exists in the property since long, wherein, action is being taken by MCD regularly since 2022, the petitioner cannot be said to be unaware of the action taken by the MCD.
7.
Thus, it cannot be said that the issuance of Vacation Notice dated 07th July, 2025, has come as a surprise to the petitioner, or that the petitioner was not even aware of the various actions being taken by the MCD from time to time.
8.
Therefore, though the petitioner has the liberty to approach the Appellate Tribunal Municipal Corporation of Delhi ("ATMCD"), to seek his legal remedies, considering the submissions made before this Court, this Court is not inclined to grant any protection to the petitioner. 9.
Accordingly, noting the aforesaid, the present writ petition is 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.