SAPNA GOYAL & ANR. vs MUNICIPAL CORPORATION OF DELHI

Through: Mr. Pritish Sabharwal, Adv. for MCD with Ms. Shweta Singh, Adv. Mob. No 9871878690 Email. [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA % O R D E R 22.04.2025

1. The present petition has been filed seeking directions to stay the Demolition Order dated 13th February, 2025, passed by the respondent against property of the petitioner situated at Flat No. 3A, Plot No.53, Friends Colony (East), New Delhi.

2. Learned counsel appearing for the petitioner submits that petitioner no.1 is the lawful owner of the first and second floors of Flat No.3A, having purchased the same via registered Sale Deed dated 31st October 2002. The petitioner no. 2, is stated to be the lawful owner of the basement and ground floor of the same flat, having similarly purchased her share with a registered Sale Deed dated 31st October, 2002.

3. It is submitted that the petitioner has already filed an appeal before the This is a digitally signed order. 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 28/04/2025 at 14:57:21 learned Appellate Tribunal, Municipal Corporation of Delhi (“ATMCD”), against the Demolition Order passed by the respondent/MCD. It is submitted that the said appeal was listed on 11th March 2025 and thereafter on 03rd April 2025, and is next listed for hearing on 29th April 2025. By way of the present petition, learned counsel the petitioners states respondent/ MCD has acted in complete violation of the Principles of Natural Justice, as no proper Show Cause Notice was served upon the petitioners, regarding the alleged violations.

4. By way of the present petition, it is prayed that the MCD be restrained from taking any coercive action including demolition action pursuant to order dated 13th February 2025, until final adjudication of the petitioner’s appeal and stay application by the learned ATMCD.

5. Per contra, learned counsel appearing for the respondent MCD submits that since the petitioners have already filed an appeal before the learned ATMCD, the present petition, as such, is not maintainable.

6. This Court further notes that in the earlier petition filed with respect to titled as Meera Goyal vs. the same property, Municipal Corporation of Delhi & Ors, this Court vide order dated 14th May in W.P.(C) 1090/2024, 2024, has already directed the petitioners herein to file an appeal before the learned ATMCD. Thus, the petitioners herein have already filed an appeal before the learned ATMCD, in terms of the directions, issued by this Court. This Court notes that in the order dated 03rd April 2025, passed by the

7. learned ATMCD, which has been attached as Annexure 16 to the present writ petition, submission on behalf of the petitioners herein, has been clearly recorded that the petitioners have already removed the alleged unauthorized construction in the rear setback area, of property in question. This is a digitally signed order. 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 28/04/2025 at 14:57:21

8. The petitioners have also made a clear statement before the learned ATMCD, which has also been reiterated before this Court petitioners are willing to remove any other non-compoundable deviations, which may be pointed out by MCD.

9. This Court records the statement made by learned counsel appearing for the petitioners that the petitioners have filed another application for regularization on 02nd April 2025, with the MCD.

10. This Court further notes that joint inspection was directed to be done by the MCD, in terms of the order dated 03rd April 2025, by the learned ATMCD on 07th April 2025.

11. Accordingly, it is directed that the respondent-MCD shall consider the application for regularization of the petitioners, in accordance with law. This Court takes note of the undertaking of the petitioners that the petitioners have already removed the unauthorized construction in the rear setback area of the property in question, and are willing to remove any other non- compoundable deviations.

12. Accordingly, the MCD shall point out the non-compoundable deviations to the petitioners, which are required to be removed by the petitioners, before application for regularization of the petitioners, can be considered.

13. At this stage, learned counsel appearing for the MCD submits that since the MCD is already in the process of filing a Status Report before the learned ATMCD after the joint inspection carried out on 07th April 2025, the requisite details with measurements as to the non-compoundable deviations, shall be intimated to the petitioners, by way of the said Status Report.

14. Accordingly, it is directed that the petitioners shall take requisite This is a digitally signed order. 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 28/04/2025 at 14:57:21 action with regard to removal of the non-compoundable deviations, in terms of what is stated by the MCD in its Status Report, to be filed before the learned ATMCD.

15. Upon the petitioners removing the non-compoundable deviations, as indicated by the MCD, the case of the petitioners for regularization, shall be duly considered by the respondent-MCD.

16. It is clarified that the rights and contentions of all the parties are left open and the appeal before the learned ATMCD shall be decided on its own merits.

17. Considering the directions made before this Court, the present petition, along with the pending applications, stands disposed of. APRIL 22, 2025 n MINI PUSHKARNA, J This is a digitally signed order. 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 28/04/2025 at 14:57:21