SMT KAMINI BHAREL SAINI & ANR. v. MUNICIPAL CORPORATION OF DELHI & ORS.
W.P.(C)/8431/2026 · 2026-07-06
Amit Bansal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11212 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11212 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 8431/2026 and connected matter $~16 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8431/2026 with CM APPL. 39439/2026 SMT KAMINI BHAREL SAINI & ANR. .....Petitioners Through: Mr. Devansh Jain, Ms. Shrishti Jeswani, Mr. Devraj Bhargava and Ms. Asmi Devrani, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Pankaj Yadav, Standing counsel for R-1/MCD (through VC). Mr. Rajneesh Chaudhry, Advocate for R-2 & 3. 22. + W.P.(C) 8718/2026 with CM APPL. 40920/2026, CM APPL. 40921/2026 and CM APPL. 40922/2026 SMT KAMINI BHAREL SAINI & ANR. .....Petitioners Through: Mr. Devansh Jain, Ms. Shrishti Jeswani, Mr. Devraj Bhargava and Ms. Asmi Devrani, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Pankaj Yadav, Standing counsel for R-1/MCD (through VC). Mr. Rajneesh Chaudhry, Advocate for R-2 & 3. CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 06.07.2026 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 08/07/2026 at 12:10:53
W.P.(C) 8431/2026 and connected matter W.P.(C) 8431/2026 & W.P.(C) 8718/2026
1. The present writ petitions have been filed seeking quashing of the impugned show-cause notice dated 17th April, 2026 issued by the respondent no.1/MCD under Section 338 of the Delhi Municipal Corporation (‘DMC’) Act, 1957 seeking to revoke the duly sanctioned plan in respect of the properties bearing no.125-A, Part B-1, Gautam Nagar, New Delhi - 110049 and 125-A, Part B-2, Gautam Nagar, New Delhi - 110049 belonging to the petitioners. 2. Counsel for the petitioners submits that the issues raised in the show cause notice are in relation to ownership dispute which is pending between the petitioners and respondents no.2 and 3 and MCD has no jurisdiction to adjudicate the same. He further submits that a civil suit is pending between the petitioners and respondents no.2 and 3 before this Court. 3. A reply to the show cause notice has been filed on behalf of the petitioners on 23rd April, 2026. 4. Counsel appearing on behalf of the respondent-MCD on advance notice, submits that the present writ petitions are pre-mature as MCD fixed a personal hearing in relation to the show-cause notice on 17th July, 2026. 5.
After some hearing, counsel for the petitioner seeks to withdraw the present writ petition with liberty to approach this Court in the event adverse decision is taken by the respondent-MCD. 6. Accordingly, the petitions are dismissed as withdrawn with the aforesaid liberty. 7. The MCD shall supply a copy of the complaint received by MCD on the basis of which the impugned show cause notice has been issued to the petitioner within two (2) days from today. 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 08/07/2026 at 12:10:53
W.P.(C) 8431/2026 and connected matter
8. All pending applications stand disposed of. AMIT BANSAL, J JULY 6, 2026 Rzu 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 08/07/2026 at 12:10:53