Sukanya Tiwari v. Municipal Corporation of Delhi and Ors

MINI PUSHKARNA, J. (Oral):

¶1W.P.(C) 11088/2024 has been filed seeking directions to set aside the operation of the Show Cause Notice and Demolition Order dated 29th July, 2024 passed by the Municipal Corporation of Delhi ("MCD") under Sections 344(1) and 343 of the Delhi Municipal Corporation Act, 1957 ("DMC Act"), as well as the Show Cause Notice dated 30th July, 2024 under Section 345-A of the DMC Act, passed with respect to the property bearing No. F-327, Prince Colony, Hari Nagar, Badarpur, New Delhi-110044.

¶2A Status Report has been filed on behalf of the MCD, relevant portions of which, read as under: "xxx xxx xxx

"

¶3Perusal of the aforesaid Status Report clearly shows that pursuant to a Demolition Order dated 25th October, 2023, demolition action has been taken by the MCD on 29th July, 2024.

¶4This Court notes that the Demolition Order as well as the Sealing Order passed by the MCD, are appealable under Section 347B of the DMC Act, before the Appellate Tribunal MCD ("ATMCD").

¶5Accordingly, in case the petitioner is aggrieved by the Demolition/Sealing Order having been passed by the MCD, the petitioner is at liberty to seek remedies, in accordance with law.

¶6Accordingly, it is directed that no coercive action shall be taken by the MCD against the property of the petitioner for a period of six weeks, in order to allow the petitioner to file an appeal before the ATMCD.

¶7All the rights and contentions of the parties are left open.

¶8It is clarified that this Court has not expressed any opinion on the merits of the case, which shall be decided by the ATMCD, on its own merits.

¶9W.P.(C) 11683/2024 has been filed for taking action against the illegal and unauthorized construction in the property bearing No. F-327, Prince Colony, Hari Nagar, Badarpur, New Delhi-110044.

¶10In terms of the Status Report of MCD and as noted hereinabove, partial action has already been taken by the MCD against the unauthorized construction existing in the property in question.

¶11Further, this Court has already granted liberty to the owner/occupier of the said property to approach the ATMCD.

¶12Accordingly, noting the aforesaid, the present writ petitions, along with the pending applications, are disposed of.

MINI PUSHKARNA, J NOVEMBER 10, 2025/au

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th November, 2025 + W.P.(C) 11088/2024 & CM APPL. 45838/2024 SMT RAMA DEVI .....Petitioner Through: Mr. Vivek Kumar Tandon, Mr. Vipin Bhardwaj, Ms. Ritu Rajput, Ms. Laxmi Gupta and Ms. Pooja Giri, Advs., along with petitioner in person. Mob: 9810277733 versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Siddhant Nath, SC for MCD with Mr. Bhavishya Makhija and Mr. Amaan Khan, Advs. Mob: 9910870397 Mr. Tushar Sannu and Ms. Aqsa, Advs. for R-DDA Mob: 9911991166 + W.P.(C) 11683/2024 & CM APPL. 48544/2024 SUKANYA TIWARI .....Petitioner Through: None. versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Tushar Sannu and Ms. Aqsa, Advs. for R-STF Mob: 9911991166 Email: adv.tusharsannu@gmail.com Mr. Harsh Kumar, SPC-UOI Mob: 9958313389 Email: advocateharshkumar@gmail.com Mr. Siddhant Nath, SC for MCD with Mr. Bhavishya Makhija and Mr. Amaan Khan, Advs. Mob: 9910870397 Email: siddhantadv.nath@gmail.com Ms. Sweety Singh, Advocate for GNCTD. Mr. Puneet Yadav, Advocate for Respondent-MCD Ph-9999388384 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA