Dr Ramesh Chandra Madan And ANR v. Municipal Corporation Of Delhi And ORS

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12513/2025, CM APPL.

51055/2025 & CM APPL.

51056/2025 DR RAMESH CHANDRA MADAN AND ANR.

.....Petitioners Through:

Mr. Praveen Suri, Adv. (Through VC) Mob: 9810928188 Email: praveensuri73@gmail.com versus MUNICIPAL CORPORATION OF DELHI AND ORS.

....Respondents Through:

Mr.

Kapil Dutta and Mr.

Vansh Luthra, Advs. for R-MCD Mob: 9811135509 Email: kapilduttamcd@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 20.08.2025 1.

The present writ petition has been filed by the petitioners seeking directions to respondent nos. 1 to 3 to recall/withdraw the Show Cause Notice dated 12th September, 2024, issued under Sections 344(1) and 343 of the Delhi Municipal Corporation Act, 1957 ("DMC Act"), in respect of the property bearing No. C-234, C-Block, Vikaspuri, New Delhi-110018. 2.

There is a further prayer for recall/withdraw of the Demolition Order dated 23rd July, 2025, issued under Section 343 of the DMC Act, in respect of the aforesaid property.

3.

This Court is informed that against the aforesaid Demolition Order The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and the order dated 29th July, 2025, wherein, the application for regularization of the property in question was rejected, the petitioners herein have already filed appeals before the Appellate Tribunal Municipal Corporation of Delhi ("ATMCD"), viz. Appeal Nos. 539/25 and 540/25, respectively.

4.

On a pointed query by this Court, learned counsel appearing for the petitioners submits that by way of the present writ petition, the petitioners are challenging the very authority of the Municipal Corporation of Delhi ("MCD") in issuing the aforesaid Show Cause Notice and Demolition Order. 5.

He further submits that a representation dated 08th August, 2025, in this regard has also been made by the petitioners to the respondent-MCD. Since the same has not been considered and disposed of by the respondents, the petitioners have filed the present writ petition. 6.

Per contra, learned counsel appearing for the respondent-MCD, on advance notice, hands over to this Court an order dated 12th August, 2025, passed in CM(M) 1505/25, titled as "Dr Ramesh Chandra Madan and Anr. Versus MCD and Anr." The same is taken on record. 7.

He submits that by way of the aforesaid petition, the Co-ordinate Bench of this Court has already directed that no precipitative steps shall be taken by the MCD for a period of four weeks from the date of the said order, since there is no Presiding Officer in the ATMCD, for the time being. 8.

Learned counsel appearing for the respondent-MCD further submits that the representation by the petitioners is dated 08th August, 2025, and has been made after the filing of the appeals before the ATMCD. He, thus, submits that the substantive question is already pending before the ATMCD. 9.

Considering the fact that the petitioners have already filed appeals The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

before the ATMCD, it is needless to state that all the issues which the petitioners seek to raise by way of the present writ petition, would be the subject matter before the ATMCD.

10.

This Court further notes that vide order dated 12th August, 2025, protection has also been granted in favour of the petitioners, for a period of four weeks, from the date of the said order.

11.

Accordingly, it is to be noted that the interest of the petitioners are safeguarded during the period when there is no Presiding Officer in the ATMCD.

12.

Noting the aforesaid, the present writ petition, along with the pending applications, is accordingly disposed of.

MINI PUSHKARNA, J AUGUST 20, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.