LPA 636/2026 p. 1 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010375572026 + LPA 636/2026 TARUN CHAWLA AND ANR .....Appellants Through: Mr. Prakash Gautam, Advocate. versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Arvind Kumar Gupta, Senior Advocate with Mr. Ayush Gupta, Advocate for R-2. Mr. Manu Chaturvedi, SC with Mr. Kshitiz Kishor Rai and Ms. Anamika, Advocates for MCD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 14.08.2026 CM APPL. 53991/2026 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The Application stands disposed of. CM APPL. 53992/2026 (Condonation of Delay) 3. The present Application has been filed seeking condonation of delay of 73 days in re-filing the present Appeal. 4. Having heard the learned Counsel for the Parties and perusing the averments made in the present Application, the prayer made therein is allowed and the delay of 73 days in re-filing the present Appeal is condoned. 5. The Application stands 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 19/08/2026 at 12:12:35 LPA 636/2026 p. 2 LPA 636/2026 6. Heard the learned Counsel for the Parties. 7. This intra court Appeal seeks to challenge an order dated 22.04.2026 (“Impugned Order”) passed by the learned Single Judge whereby W.P.(C) No. 5427/2026 (“Writ Petition”) instituted by the Appellant has been dismissed. 8. The underlying Writ Petition was filed with a prayer to give effect to the demolition order dated 05.02.2014 (“Demolition Order”) which pertains to the basement portion of the property in question, namely, 24/70, Punjabi Bagh West, New Delhi (“Subject Property”). 9. The Appellant had filed an earlier writ petition being W.P.(C) No. 14345/2022 with the same prayer, however, the said writ petition was dismissed on 27.05.2024 by the learned Single Judge. This order dated 27.05.2024 was made the subject matter of challenge by the Appellant in another appeal being LPA No. 499/2024, which was disposed of on the undertaking given by the Appellant that he shall withdraw the civil suit and file a fresh writ petition. Subsequently, the civil suit was withdrawn by the Appellant on 24.01.2026 and, thereafter, the Writ Petition was filed. 10. Learned Single Judge while passing the Impugned Order has noticed that after the Demolition Order was passed, the Municipal Corporation of Delhi (“MCD”) has passed an order dated 20.09.2024 under Section 345-A of the Delhi Municipal Corporation Act, 1957, whereby it has been noted that the construction in the basement and ground floor of the Subject Property is old and prior to 2007 and, therefore, the same is protected under the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007. The said order dated 20.09.2024 was passed pursuant to an earlier order 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 19/08/2026 at 12:12:35 LPA 636/2026 p. 3 passed by this Court on 27.05.2026 in another writ petition being W.P.(C) No. 5082/2024. 11. The Appellant has challenged the order dated 20.09.2024 before the Appellate Tribunal, Municipal Corporation of Delhi (“ATMCD”), however, the factum of filing of the appeal before the ATMCD and the order dated 20.09.2024 was not disclosed by the Appellant while he instituted the underlying Writ Petition and on the aforesaid ground, the Writ Petition was dismissed. 12. Having regard to the overall facts and circumstances of the case, we are of the opinion that the Writ Petition was rightly dismissed not only for the reason that the Appellant did not disclose filing of the appeal before the ATMCD and order dated 20.09.2024 passed by the MCD, but also because unless and until the appeal pending before the ATMCD against the order dated 20.09.2024 is decided, no further action pursuant to the Demolition Order dated 05.02.2014 can be ordered. 13. For the aforesaid reason, we are not convinced by the submissions made by learned Counsel for the Appellant. Consequently, the present Appeal is hereby dismissed. There shall be no order as to costs. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J AUGUST 14, 2026 ap 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 19/08/2026 at 12:12:35