W.P.(C) 13208/2026 $~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010427612026 + W.P.(C) 13208/2026 & CM APPL. 61372/2026 SHEELA DEVI .....Petitioner Through: Mr. Siddharth Batra, Mr. Chinmay Dubey, Mr. Akshit Lunial and Ms. Archna Yadav, Advocates. versus GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Kapil Dutta, Standing counsel for MCD. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 09.09.2026 1. The present writ petition has been listed as per urgent mentioning. 2. The grievance of the petitioner is with respect to the vacation notice under Section 349 of the Delhi Municipal Corporation Act, 1957 issued by the respondent no.2/MCD on 3rd September, 2026 and pasted at the premises of the petitioner on 5th September, 2026. 3. Counsel appearing on behalf of the petitioner submits that the petitioner purchased the subject property vide registered sale deed dated 23rd June, 2016 and has been in occupation of the subject property since then. He submits that the petitioner has neither received any show-cause notice alleging unauthorized construction, nor has any demolition order been served to him. 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 15/09/2026 at 12:21:14 W.P.(C) 13208/2026 3.1 He submits that in any event, the petitioner is entitled to the benefit of the National Capital Territory of Delhi Laws (Special Provisions) Act as the subject property has been constructed prior to 2007. 4. Mr. Kapil Dutta, counsel appears on behalf of the respondent no.2/MCD on advance notice and submits that a show-cause notice was issued in respect of the unauthorized construction in the subject property on 9th July, 2018. This was followed by a demolition order passed on 13th July, 2018. 5. Both the aforesaid documents have been handed over in Court and are taken on record. 6. Mr. Kapil Dutta submits that a complaint was received from a neighbour of the petitioner on 25th June, 2026 alleging unauthorized construction. Thereafter, MCD officials tried to take demolition action on four occasions. However, the same could not be carried out due to non- availability of the Police force. 7. Mr. Dutta also submits that the petitioner applied for a regularization of the unauthorized construction in the subject property which was rejected on 13th July, 2018. 8. A perusal of the demolition order shows that the same was passed barely four (4) days after the show-cause notice was issued. Clearly, the aforesaid demolition order has been passed in violation of the principles of natural justice inasmuch as the petitioners were not given adequate notice. 9. Accordingly, the demolition order dated 13th July, 2018 stands quashed. Consequently, the vacation notice issued under Section 349 of the Delhi Municipal Corporation Act, 1957 also stands quashed. 10. It would be open for MCD to take appropriate action in accordance 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 15/09/2026 at 12:21:14 W.P.(C) 13208/2026 with law after issuing a fresh show-cause notice. 11. Pending application stands disposed of. AMIT BANSAL, J SEPTEMBER 9, 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 15/09/2026 at 12:21:14