Delhi High Court · 2025

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9549/2025 & CM APPL. 40280/2025 JEET SINGH AND ORS .....Petitioners Through: Ms. Azra Rehman, Mr. Javed Khan, Mr. Asif Inam, Mr. Zahara Sheikh, Mr. Manaal Nasir, Ms. Anshula Gupta, Advocates (M:8882323437) Email: [email protected] [email protected] versus MUNICIPAL CORPORATION OF DELHI AND ANR. .....Respondents Through: Mr. Harshit Chopra, Advocate for R-1 (M:9911543883) Mr. Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar, Mr. Amit Kumar Rana, Advocates for Delhi Police (M:9910770710) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 10.07.2025 1. The present writ petition has been filed with a prayer that the petitioners be granted some time to avail their legal remedies for challenging the Vacation Notice bearing no. 624/BLDG.1/SZ/2025 dated 07th July, 2025 in respect of fourth floor and fifth floor of the property bearing no. B-101, Panchsheel Vihar (Adj. B-102), New Delhi. 2. Learned counsel for the petitioners submits that the petitioners, along with their family members, have been residing in their property peacefully and that no construction has been carried out by the petitioners in the property in question. Further, there is no ongoing construction in the property in question. 3. It is submitted that on 08th July, 2025, the petitioners saw that 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 14/07/2025 at 13:27:57 Vacation Notice dated 07th July, 2025, as issued by the Building Department, South Zone, Municipal Corporation of Delhi (“MCD”), had been pasted outside the building in question. 4. The said Vacation Notice dated 07th July, 2025, reads as under: 5. It is the contention on behalf of the petitioners that it is only now for 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 14/07/2025 at 13:27:57 the first time, that the fact of issuance of vacation notice has come to the knowledge of the petitioners. 6. He submits that no Show Cause Notice or Demolition Order has ever been received by the petitioners with respect to any unauthorized construction in the property in question. 7. It is submitted that the petitioners have not been granted any opportunity by the respondent-MCD to put forth their defense. Thus, it is submitted that any action by the respondent-MCD, is in violation of the Principles of Natural Justice. 8. Issue notice. Notice is accepted by learned counsels for the respondents. 9. Learned counsel appearing for the respondent MCD hands over a copy of the judgment dated 20th October, 2023, passed by Division Bench of this Court in W.P.(C) 14313/2022, titled as “Universal Human Rights Foundation Versus Govt. of NCT of Delhi and Ors.”. 10. He submits that the action is being undertaken by the MCD pursuant to the various orders passed by this Court, as well as Special Task Force (“STF”). 11. He submits that rampant unauthorised construction exists in the area in question, i.e., Panchsheel Vihar, Malviya Nagar, New Delhi-110017. Thus, it is submitted that the action taken by the MCD, is proper and in accordance with law. 12. Learned counsel appearing for the respondent-MCD further submits that all the requisite notices were issued to the petitioners in consonance with the Principles of Natural Justice. 13. Learned counsel appearing for respondent-MCD submits that this property has been booked twice. 14. However, learned counsel appearing for the petitioners submits that the petitioners have been unaware of any previous bookings by the MCD as 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 14/07/2025 at 13:27:57 regards the unauthorized construction in the property in question and the same has come to the knowledge of the petitioners only now. 15. Having heard learned counsels appearing for the parties, this Court notes that the judgment dated 20th October, 2023, passed in W.P.(C) 14313/2022, as relied upon by learned counsel appearing for the respondent-MCD, itself clearly states that any action undertaken by the MCD, shall be subject to the proceedings pending before the Appellate Tribunal, MCD, (“ATMCD”). 16. The relevant portion of the said judgment, pertaining to some other property in the same area, reads as under: “xxx xxx xxx 8. In our considered opinion, further action by the MCD in respect of the properties bearing Nos. B-106 and B-104, Panchsheel Vihar, New Delhi, would have to abide by the outcome of the proceedings before the Appellate Tribunal, MCD. The MCD is directed to ensure all steps are taken in accordance with the directions recorded by the Appellate Tribunal, MCD. In respect of other properties which are subject matter of the present petition, the report points out that demolition stands scheduled for 29th September, 2023, which will be carried out upon availability of police force. Considering the above, the MCD is directed to ensure that the demolition action of the other properties is completed at the earliest and if not already done, should be completed within a period of two weeks from the date of uploading of this judgment. The Delhi Police, including the concerned SHO of the area, and other concerned agencies, are directed to render assistance in the demolition action. xxx xxx xxx” (Emphasis Supplied) 17. At this stage, this Court notes the submission of learned counsel appearing for the petitioners in the present petition that they may also be granted an opportunity to seek their remedies in accordance with law. 18. Since, it is the case of the petitioners that Principles of Natural Justice have not been followed, this Court considers it fit to grant appropriate opportunity to the petitioners to challenge the action of the MCD before the proper forum, i.e., ATMCD. 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 14/07/2025 at 13:27:57

19. Accordingly, though it is the case of the respondent-MCD that requisite notices have already been supplied to the petitioners, considering the submissions made before this Court, learned counsel appearing for the respondent-MCD is directed to supply a copy of all the notices/documents to learned counsel appearing for the petitioners, on the E-mail, which is reflected in today’s order. 20. Let the needful be done by learned counsel appearing for the respondent-MCD by today itself. 21. Liberty is granted to the petitioners to approach the ATMCD, in order to seek their remedies in accordance with law. 22. In order to allow the petitioners to approach the ATMCD, it is directed that no coercive action shall be taken against the property of the petitioners, for a period of four weeks from today. 23. It is clarified that, in case, the petitioners do not file appeal before the ATMCD, within a period of four weeks from today, the interim protection granted to the petitioners by today’s order, shall automatically lapse. 24. Accordingly, with the aforesaid directions, the present writ petition, along with pending application, is disposed of. MINI PUSHKARNA, J JULY 10, 2025/au