High Court of DelhiW.P.(C)/19396/2025

Smt Mamta & ORS. v. Municipal Corporation Of Delhi

2025-12-22Hon'Ble Ms. Justice Mini Pushkarna5 pages

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

80848/2025 & CM APPL.

80849/2025 SMT MAMTA & ORS.

.....Petitioners Through:

Mr. Kanhaiya Singhal, Mr. Pulkit, Mrs. Avantika Shankar, Mr. Govind Kr. Pathak, Mr. Shaswat Tiwari, Mr.

Prasanna, Advocates (M:7042360079) Email:advocatepulkitjolly@gmail.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Kapil Dutta, SC for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 22.12.2025 1.

The present writ petition has been filed challenging the Vacation Notice dated 19th November, 2025, issued under Section 349 of the Delhi Municipal Corporation Act, 1957 ("DMC Act") in respect of the petitioners' flats in the property situated at plot no. C-111/C, Panchsheel Vihar, Malviya Nagar, New Delhi-110017.

It is submitted that the petitioners are lawful occupants/owners of the flats from the upper ground floor to fourth floor in the said premises, and have never raised any unauthorized construction. It is submitted that the impugned Vacation Notice, is the first communication of any such nature received by the petitioners.

Learned counsel for the petitioners submits that the petitioners were not aware of any pending proceedings qua any unauthorized construction The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

against the property, which is disputed by learned counsel for the respondent- Municipal Corporation of Delhi ("MCD"). 4.

Issue notice. Notice is accepted by learned counsel for the respondentMCD, who has handed over certain documents to this Court, showing the earlier actions that had been taken against the property in question. 5.

The synopsis as handed over by learned counsel for the MCD, is extracted as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

As per the aforesaid table, as handed over by the MCD, unauthorized construction in the property already stands booked on 23rd November, 2021 and Demolition Orders were passed on 14th December, 2021 and 17th January, 2022 respectively.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Further, partial action has already been taken by the MCD on many occasions in 2021, as well as 2022.

Part-sealing of the subject property has also been done on the ground floor on 19th November, 2025.

Learned counsel for the MCD also submits that Demolition Orders have still not been challenged.

10.

Considering the submissions made before this Court, the petitioners are at liberty to challenge the Demolition Orders before the Appellate Tribunal, MCD ("ATMCD").

11.

Let the needful be done by the petitioners on or before 06th January, 2026.

12.

Since it is the case of the petitioners that none of the documents, including the Show Cause Notice and Demolition Orders, have been supplied to the petitioners, it is directed that the requisite documents pertaining to the subject property shall be supplied to the petitioners, through petitioners' counsel on the Email, which is reflected in today's order.

13.

Let the needful be done by the MCD, within a period of two days, from today.

14.

With the aforesaid directions, the present writ petition, along with pending applications is accordingly disposed of. MINI PUSHKARNA, J DECEMBER 22, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.