Mohd Nasir v. Municipal Corporation Of Delhi

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th September, 2025 + W.P.(C) 14849/2025 & CM APPL. 61110/2025 MOHD NASIR .....Petitioner Through:

Mr. Sarthak Ahuja and Ms. Sabika Ahmad, Advocates Mob: 9873300964 versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Puneet Yadav, SC for MCD Mob: 9999388384 Email:

puneetyadavadvocate@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral) CM APPL. 61110/2025 (For Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

Application is disposed of.

W.P.(C) 14849/2025 3.

The present writ petition has been filed seeking directions to the respondent-Municipal Corporation of Delhi ("MCD"), to not take any coercive steps against the property of the petitioner bearing no. S-84/5, Sarai Shaji, Shivalik Road, near C-84, Begumpur, Malviya Nagar, New Delhi110017, on the basis of the Demolition Order dated 09th September, 2025, till the petitioner's appeal is heard by the Appellate Tribunal MCD W.P.(C) 14849/2025 Page 1 of 3

("ATMCD").

4.

Learned counsel appearing for the petitioner submits that the petitioner is the owner/occupier of the property in question. 5.

It is submitted that the property of the petitioner has already been sealed by the MCD. It is submitted that the Sealing Order has already been challenged before the ATMCD, and the said appeal is pending. 6.

It is further submitted that the Demolition Order dated 09th September, 2025, has also been passed by the MCD. However, since there is no Presiding Officer in the ATMCD currently, the petitioner has approached this Court seeking a limited protection, in order to protect the petitioner, till the appeal of the petitioner is heard by the ATMCD. 7.

Issue notice. Notice is accepted by learned counsel appearing for the MCD, who submits that the requisite action for demolition has been passed, following the due procedure.

8.

Responding to the same, learned counsel appearing for the petitioner submits that he has approached this Court only for a limited protection. 9.

This Court is informed that the appeal filed by the petitioner before the ATMCD, i.e., Appeal 517/2025, is next listed on 17th October, 2025. 10.

Considering the aforesaid, and in order to protect the petitioner till his appeal is heard by the ATMCD, it is hereby directed that no coercive actions shall be taken against the property of the petitioner till the next date of hearing before the ATMCD, i.e., 17th October, 2025. 11.

It is clarified that, in case, there is no Presiding Officer in the ATMCD even by the next date of hearing, i.e., 17th October, 2025, the protection granted today, shall extend to any next date, which is given by the ATMCD.

W.P.(C) 14849/2025 Page 2 of 3

12.

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.

13.

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

14.

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

MINI PUSHKARNA, J SEPTEMBER 24, 2025 ak W.P.(C) 14849/2025 Page 3 of 3