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2025 DAILYLAW 5776 (DEL)

SH. ROBIN v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/19267/2025 · 2026-08-13

Amit Bansal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 19267/2025 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011039012025 + W.P.(C) 19267/2025 & CM APPL. 53730/2026 SH. ROBIN .....Petitioner Through: Mr. Umesh Sharma and Mr. Nishant Singh, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Deepal Goel, Advocate for MCD. Ms. Vrinda Kapoor, Ms. Saumya Soni and Mr. Vishal Vaid, Advocates for DDA. Ms. Nitika Bhutani, Advocate for R-5 (through VC) Ms. Biraja Mahapatra and Mr. Abhay Singh, Advocates for DPCC (through VC) Mr. Apoorva Khosla and Ms. Anwesha Borah, Advocates for R-6. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 13.08.2026 1. The present writ petition has been filed seeking directions to the respondent authorities, to take action against the premises being C-228, LIG DDA Flats, East of Loni Road, Delhi-110093 (‘subject property’), presently being used as a bakery and a fast food outlet under the name of ‘Vinay Bakery & Fast Food Hotel’, being illegal commercial misuse of a residential flat. 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 17/08/2026 at 11:53:05 W.P.(C) 19267/2025 2. A status report has been filed on behalf of respondent-MCD on 22nd May, 2026. 3. As per the status report, an action was initiated against the aforesaid Bakery under Section 417(1)(b) and Section 397 of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) on 25th September, 2025. A Show Cause Notice dated 2nd December, 2025 was issued to the owner of the said Bakery. Since no reply was received, the subject property was inspected on 17th December, 2025 and encroachment upon common passage was removed. 4. It is further stated that a closure notice was issued to the said Bakery on 17th December, 2025 with a direction to close the trade within 7 days of receipt of the notice. Subsequently, the subject property was inspected on 25th February, 2026 and it was found that the eating establishment running behind the said Bakery has been closed down by the owner and the premises has been vacated. Further, all encroachment in the Gali in the shape of tables, chairs have been removed. The relevant extracts from the status report are set out below: 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 17/08/2026 at 11:53:05 W.P.(C) 19267/2025 5. Mr. Umesh Sharma, counsel appearing on behalf of the petitioner submits that the restaurant has not been shut down and it is still running. However, nothing has been placed on record by the petitioner to show that the said restaurant continues to operate, nor has any response to the status report been filed. 6. Therefore, this Court has to proceed in terms of the status report filed by the respondent-MCD stating that the restaurant has been shut down. 7. Accordingly, the writ petition is disposed of. 8. Pending application stands disposed of accordingly. AMIT BANSAL, J AUGUST 13, 2026 Vivek/- 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 17/08/2026 at 11:53:05