Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 17541 (DEL)

MEENAKSHI AND ORS. v. MUNICIPAL CORPORATION OF DELHI AND ORS.

W.P.(C)/12995/2026 · 2026-09-07

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 12995/2026 $~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010420882026 + W.P.(C) 12995/2026 & CM APPL. 60349-60350/2026 MEENAKSHI AND ORS. .....Petitioners Through: Mr. Arun Bhardwaj, Senior Advocate with Mr. Nikhil Bhardwaj, Advocate (through VC). versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Sarthak Rana, Advocate. Mr. Anubhav Gupta, ASC for MCD. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 07.09.2026 1. The present writ petition has been filed by 24 petitioners, all residents of different flats in Hari Vihar, Kakrola. 2. The relief sought in the present writ petition are set out below: 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 09/09/2026 at 11:56:10 W.P.(C) 12995/2026 3. It is stated that the vacation notice dated 14th August, 2026 issued under Section 349 read with Section 346 of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) has been issued in an unlawful and arbitrary manner as the petitioners were not served either any show-cause notice or any demolition order. 4. One of the owners of a property in the same area had earlier filed a writ petition being W.P.(C) 7688/2023 impugning the vacation notice under Section 349 of the DMC Act. This Court vide order dated 30th May, 2023 had granted protection to the said petitioner in order for the petitioner to approach the Appellate Tribunal, MCD (‘ATMCD’) by filing a statutory appeal. 5. In view thereof, the present writ petition is disposed of while directing MCD to supply a copy of the show-cause notice as well as the demolition order qua the properties of the petitioners within two (2) days from today. 6. The petitioners are granted liberty to challenge the demolition order before the ATMCD within a period of four (4) weeks from the date of supply of the demolition order by the MCD to the petitioners. 7. No coercive action shall be taken against the properties of the petitioners for a period of four (4) weeks. 8. It is clarified that this Court has not expressed any opinion 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 09/09/2026 at 11:56:10 W.P.(C) 12995/2026 9. All rights, contentions and legal remedies of the parties are kept open. 10. The pending application stand disposed of. AMIT BANSAL, J SEPTEMBER 7, 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 09/09/2026 at 11:56:10