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High Court of DelhiW.P.(C)/14110/2025

Shri Rikky Gupta & ANR. v. Municipal Corporation Of Delhi & ORS.

2025-09-26Hon'Ble Ms. Justice Mini Pushkarna2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14110/2025, CM APPL. 57815/2025 & CM APPL. 57816/2025 SHRI RIKKY GUPTA & ANR.

.....Petitioners Through:

Ms. Ananya Singh, Adv.

Mob: 9855011942 versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Ms. Akansha Gupta, SPC for MCD.

Mob: 9013799111 Email:

advakanshagupta@hotmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 26.09.2025 1.

The present writ petition has been filed seeking setting aside of the th Demand Notice dated 16 July, 2025, issued by the Office of the Executive Engineer (Building), Municipal Corporation of Delhi ("MCD"), for demolition of the property bearing No. 52A, Pocket B, Gangotri Apartment, Alaknanda, New Delhi.

2.

Learned counsel appearing for the petitioner submits that the said demolition action was taken against the property of the petitioners, without issuance of any Demolition Order to the petitioners. 3.

She further submits that though the petitioners had been issued a Show Cause Notice to which, a reply was filed by the petitioners, however, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2025 at 15:43:10

no personal hearing was granted to the petitioners. 4.

It is submitted that the present writ petition has been filed since there is no Presiding Officer in the Appellate Tribunal MCD ("ATMCD") currently.

5.

It is submitted that appeal against the Demolition Notice dated 16th July, 2025 has already been filed.

6.

Considering the aforesaid, it is submitted that the MCD will not take any coercive step against the petitioners for recovery of the Demand Notice th dated 16 July, 2025, till the appeal of the petitioners is heard by the ATMCD and requisite directions in that regard are passed. 7.

It is clarified that this Court has not expressed any opinion on the merits of the case, which shall be decided by the ATMCD independently, after hearing the parties.

8.

Rights and contentions of all the parties are left open, to be decided in appropriate proceedings.

9.

With the aforesaid directions, the present writ petition, along with pending applications, is disposed of.

MINI PUSHKARNA, J SEPTEMBER 26, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2025 at 15:43:10