New Delhi Municipal Council v. Nitin Ahuja And ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 778/2025 & CM APPL. 80458-59/2025 NEW DELHI MUNICIPAL COUNCIL .....Appellant Through:

Ms.Kanika Agnihotri, SC with Mr.Tushar Sannu, ASC for NDMC along with Ms.Khushi Anand, Mr.Nihar R.

Singh, Mr.Parvin Bansal and Mr.Abhinav Jha, Advs.

versus NITIN AHUJA AND ANR .....Respondents Through:

Mr.

M.A.

Niyazi, Adv.

with Ms.Anamika Ghai Niyazi, Ms.Kirti Bhardwaj, Ms.Nehmat Sethi and Mr.Arquam Ali, Advs. for R-1.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 19.12.2025 1.

The present Letters Patent Appeal has been filed challenging the order dated 11.11.2025 passed by the learned Single Judge in W.P.(C) No. 8145/2025 titled "Nitin Ahuja vs. NDMC", whereby the learned Single Judge allowed the writ petition filed by the respondent herein and directed the appellant/North Delhi Municipal Corporation (hereinafter referred to as "NDMC") to de-seal the subject premises.

2.

We have heard the learned counsel for the parties and perused the impugned judgment on record.

3.

We are not inclined to interfere with the directions passed by the learned Single Judge which shall be complied with by the NDMC. However, the only 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 22/12/2025 at 12:37:58

indulgence we grant is that NDMC would be at liberty to initiate proceedings for levy of misuse charges, if any, in accordance with law. While initiating such proceedings, NDMC shall necessarily issue a show-cause notice, furnishing therewith the relevant material on the basis whereof, it proposes to levy such charges.

4.

The rights and contentions of the parties are left open. 5.

In view of the above, the present appeal, along with pending applications, if any, stands disposed of.

6.

Nothing stated herein shall be construed as an expression of opinion on the merits of the case.

DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J DECEMBER 19, 2025 rl 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 22/12/2025 at 12:37:58