LPA 611/2026 $~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010358142026 + LPA 611/2026 & CM APPL. 51528/2026 RAMAN GARG & ORS. .....Appellants Through: Mr. Anil Goel and Mr. Aditya Goel, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Shivam Sachdeva, Additional Standing Counsel with Mr. Yash Agrawal and Mr. Amit Kumar, Advocates for MCD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 06.08.2026 CM APPL. 51529/2026(Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The Application stands disposed of. LPA 611/2026 3. Heard Mr. Anil Goel, learned Counsel representing the Appellants and Mr. Shivam Sachdeva, learned Counsel representing the Municipal Corporation of Delhi (“MCD”). 4. This intra court Appeal seeks to challenge the order dated 23.07.2026 (“Impugned Order”) passed by the learned Single Judge, whereby W.P.(C) 9989/2026 (“Writ Petition”) instituted by the Appellants has been dismissed. 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 10/08/2026 at 11:33:22 LPA 611/2026 5. The Writ Petition was filed with the prayer seeking a direction to the Respondents to file action taken report and audit report, in respect of some representation dated 30.07.2025 and a subsequent reminder dated 04.06.2026 regarding the demolition of property No. 1269-1293, Shora Kothi, Subzi Mandi, Delhi-110007 (“Subject Property”). It was also prayed that the Respondents may be directed to demolish the Subject Property at the earliest, in accordance with law / rules. 6. The learned Single Judge, while dismissing the Writ Petition by passing the Impugned Order, has observed that the Appellants claim to be the owners of the Subject Property, which has been in occupation of various other occupants. The submission on behalf of the Appellants has also been recorded by the learned Single Judge to the effect that as per the Appellants, the Subject Property is more than 100 years old and is in a dilapidated condition and further that there is neither any sanctioned building plan nor any Fire NOC in respect of the Subject Property. 7. The learned Single Judge has noticed the statement made on behalf of the MCD according to which, the Subject Property was inspected in the morning of 23.07.2026 itself and it was found that even though there are cracks in the Subject Property, the same can be repaired and further that there was no imminent danger of the Subject Property collapsing. 8. The learned Single Judge has further observed in the Impugned Order that the Writ Petition was filed with ulterior motive by the owners to get the Subject Property vacated. The Writ Petition was, thus, dismissed with a clear finding that the Writ Petition was filed with ulterior motives and while dismissing the Writ Petition, a cost of ₹20,000/- was also imposed on the Appellants. 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 10/08/2026 at 11:33:22 LPA 611/2026 9. Learned Counsel for the Appellants, however, has emphasised on Section 348 of the Delhi Municipal Corporation Act, 1957, where the Commissioner of the MCD is required to pass an order in writing, requiring the owner or occupier of the building to demolish, secure or repair such building or do one or more of such things in case the Commissioner of the MCD is of the opinion that the building is in a ruinous condition or is likely to fall or in any way dangerous to the persons occupying it, etc. 10. The basis of the Impugned Order passed by the learned Single Judge is the statement made on behalf of the MCD, which was based on an inspection carried out, wherein it was found that there was no imminent danger of the Subject Property collapsing and that the Subject Property only required repairs. 11. We have also been informed that the Subject Property has been purchased by the Appellants in the month of January, 2026. 12. The learned Single Judge has recorded a categorical finding that the motive behind filing the Writ Petition was oblique. We are also of the opinion, in the facts and circumstances of the case, that the Appellants, by filing the Writ Petition chose a circuitous way to get the Subject Property vacated and, accordingly, the learned Single Judge, in our opinion, has rightly dismissed the Writ Petition imposing costs. 13. We are in complete agreement with the Impugned Order passed by the learned Single Judge and, therefore, the same does not require any interference in the present Appeal. 14. The present Appeal is, thus, dismissed. Pending application(s), if any, also stand disposed of. 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 10/08/2026 at 11:33:22 LPA 611/2026 15. At this juncture, learned Counsel for the Appellants prays that the cost imposed by the learned Single Judge in the Impugned Order may be waived. Having regard to the facts and circumstances and also taking into consideration that the Appellants had chosen a circuitous way with oblique motive by filing the Writ Petition for getting the Subject Property vacated, the prayer made is declined. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J AUGUST 6, 2026/sms 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 10/08/2026 at 11:33:22