ROHIT KRISHAN SHARMA v. MUNICIPAL CORPORATION OF DELHI
W.P.(C)/8119/2026 · 2026-08-21
Amit Bansal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 15969 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15969 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 8119/2026 $~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010259432026 + W.P.(C) 8119/2026 with CM APPL. 38690/2026 ROHIT KRISHAN SHARMA .....Petitioner Through: Ms. Neha Kapoor and Mr. Kaushal Mehta, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Harshit Chopra, Mr. Kushal Chand Aggarwal and Ms. Nidhi Mutreja, Advocates for MCD.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 21.08.2026
1. The present writ petition has been filed seeking setting aside of the vacation notice dated 3rd June, 2026 issued by the MCD under Section 349 of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) and pasted at the property of the petitioner being P. No. 630, Plot no. 2, Khasra no. 262, Gali no. 4, Village Saidulajab, New Delhi (‘subject property’).
2. It is contended on behalf of the petitioner that the petitioner is a bonafide purchaser of 2BHK Flat bearing private portion no.205 on the first floor in the subject property. It is contended that the petitioner has not been served with any show cause notice or demolition order or sealing order, on the basis of which the vacation notice has been issued.
3. A Status report has been handed over on behalf of respondent/MCD, 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 24/08/2026 at 11:02:16
W.P.(C) 8119/2026 wherein a copy of the demolition order as well as the sealing order has been annexed. The demolition order was passed on 9th July, 2018 and the sealing
order was also issued on 2nd July, 2018.
3.1. The same is taken on record.
4. Counsel for the petitioner submits that the petitioner has been in possession of the aforesaid property since 2016. However, the aforesaid vacation notice/demolition order/sealing order was not served on the petitioner.
5. There is nothing in the status report to indicate that the show cause notice or the demolition order or the sealing order have been served on the petitioner.
6. Mr. Harshit Chopra, counsel appearing on behalf of the respondent/MCD has handed over the demolition order, sealing order as well as the show cause notice preceding the demolition order to the counsel for the petitioner.
7. In view of the above, liberty is granted to the petitioner to challenge the demolition order and/or, the sealing order before the ATMCD within a period of ten (10) days from today.
8. Considering that the aforesaid documents have been supplied to the counsel for the petitioner in Court today, the limitation will not come in the way of the petitioner approaching the ATMCD.
9. No coercive steps shall be taken against the property of the petitioner for a period of two (2) weeks from today.
10. The writ petition stands disposed of in the aforesaid terms.
11. It is made clear that no observation has been made on the merits of the case. 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 24/08/2026 at 11:02:16
W.P.(C) 8119/2026
12. Pending application also stands disposed of.
AMIT BANSAL, J AUGUST 21, 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 24/08/2026 at 11:02:16