SMT RAJABALA v. MUNICIPAL CORPORATION OF DELHI AND ORS
W.P.(C)/8646/2026 · 2026-07-03
Amit Bansal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11112 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11112 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 8646/2026 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8646/2026, CM APPL. 40536/2026 & CM APPL. 40537/2026 SMT RAJABALA .....Petitioner Through: Mr. Kuldeep Kumar, Advocate. versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr. Kapil Dutta, Standing Counsel for MCD. Mr. Kartikay Aggarwal & Ms. Jyotika Sharma, Advocates for MCD. CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 03.07.2026 CM APPL. 40537/2026 (exemption)
1. Allowed, subject to all just exceptions. W.P.(C) 8646/2026
2. The present writ petition has been filed impugning the show cause notice dated 15th June, 2026, issued by respondent-MCD to the petitioner seeking to demolish the gate installed by the petitioner on the way to the properties in Khasra Nos. 270 and 271, Shahoorpur. 3. Mr. Kuldeep Kumar, Counsel for the petitioner, submits that the gate has been installed by the petitioner in his private property, therefore, MCD does not have the jurisdiction to demolish the same. 3.1 He further submits that the show cause notice makes a wrongful 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 06/07/2026 at 10:32:54
W.P.(C) 8646/2026 reference to the suit being CS(OS) 63/2026, in which neither the petitioner nor the MCD was not a party. 4. Mr. Kapil Dutta, Standing Counsel for MCD appearing on advance notice, on instructions submits that the gate has been installed on a right of way. Pursuant to the aforesaid notice, the gate was dismantled on 23rd June, 2026 and the petitioner has reinstalled the same. 4.1 The aforesaid assertion is disputed by the petitioner. 5. Mr. Dutta submits that there are factual discrepancies in the impugned show cause notice and MCD shall issue a fresh show cause notice to the petitioner. 6. Considering the aforesaid submissions, the impugned show cause notice is hereby quashed. 7. Needless to state, it will be open to respondent-MCD to take appropriate action in accordance with law. 8. The writ petition stands disposed of in the aforesaid terms. AMIT BANSAL, J JULY 3, 2026 at 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 06/07/2026 at 10:32:54