$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010470522026 + W.P.(C) 14447/2026, CM APPL. 67747/2026 GULSHAN KATYAL .....Petitioner Through: Mr. Sachin Dabas and Ms. Litika Chawla, Advs. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Srijan Sinha, Mr. Rishi Chouksey and Ms. Surbhi Jain, Advs. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 29.09.2026 1. By virtue of the present petition under Article 226 of the Constitution of India, the petitioner seeks following reliefs: “(a) To quash and set aside the order dated 31.08.2026 passed by Assistant Engineer (Building-II), Rohini Zone, Municipal Corporation of Delhi in respect of the property of the Petitioner Ad measuring 400 Sq. Yds. comprised in Khasra no. 94 at Village Saiyed, Nangloi Saiyed, Delhi- 110087; and/or” 2. Prior to proceeding with the facts involved herein, it is relevant to note that one Harpal Singh had also filed a similar writ petition being W.P.(C) 14405/2026 entitled ‘Harpal Singh vs. Municipal Corporation of Delhi through its Commissioner’ and sought the similar prayers as sought by the petitioner herein, with respect to the very same property involved 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 01/10/2026 at 12:08:04 herein. 3. The said petition, after hearing learned counsel for the petitioner therein, was dismissed in limine by this Court yesterday as under:- “1. By virtue of the present petition under Article 226 of the Constitution of India, the petitioner seeks the following relief: “(a) To quash and set aside the order dated 31.08.2026 passed by Assistant Engineer (Building-II), Rohini Zone, Municipal Corporation of Delhi in respect of the property of the Petitioner Ad measuring 100 Sq. Yds. comprised in Khasra no. 94 at Village Saiyed, Nangloi Saiyed, Delhi- 110087; and/or” 2. At the outset, it is an admitted position that prior to this, an earlier writ petition being W.P.(C) 9594/2024 entitled ‘Sh. Satya Pal vs. Municipal Corporation of Delhi & Ors.’, was also filed regarding the very same subject property, wherein the petitioner herein had been impleaded as the respondent no.3 therein. In fact, the petitioner as respondent no.3 therein was duly represented and was a part of the proceedings therein. 3. In fact, the said W.P.(C) 9594/2024 was disposed of by this Court vide order dated 19.02.2026, in the presence of the learned counsel appearing for the petitioner herein, as the respondent no.3 therein, as under:- “1. The present writ petition has been filed seeking a direction to the respondents no.1 and 2 to seal/ demolish the shops and commercial activities at RZ-19/A, near Valmiki Mandir, Syed Gaon, Nangloi Syed, Paschim Vihar, Delhi-110087 and behind RZ-19 Near Valmiki Mandir Nangloi Syed, Paschim Vihar, Delhi-ll0087 (hereinafter ‘subject properties’). 2. In the latest status report filed on behalf of the respondent no.1/ MCD on 16th February, 2026, it has been stated that upon joint inspection of the subject properties carried out, it has come to light 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 01/10/2026 at 12:08:04 that the subject properties have encroached the right of way of the roads shown in the development plan prepared by DDA. Paragraph 7 of the said status report is set out below: 3. In view of the aforesaid status report, MCD is directed to take action against the encroachments in accordance with law. 4. In view of the above, the present writ petition stands disposed of. 5. In the event the petitioner has any further grievance with regard to encroachment, he is at liberty to take appropriate remedies in accordance with law. 6. All rights, contentions and legal remedies of the respondents no.3 and 4 are kept open.” 4. Upon a specific query from the learned counsel for the petitioner herein, it is confirmed that there is no dispute that the petitioner was well aware of the earlier order dated 19.02.2026 passed by this Court, and that there has never been any challenge thereto by the said petitioner. In fact, he candidly submits that the petitioner has not taken any steps qua the same as on date as well. 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 01/10/2026 at 12:08:04 5. As emerging from the factual matrix on record, the impugned order dated 31.08.2026 passed by the respondent/ MCD is only in furtherance of the earlier order dated 19.02.2026. 6. To this, learned counsel for the petitioner submits that though the petitioner herein is not disputing the same, it is only the manner in which it has been issued, which is sought to be challenged by the petitioner herein……” [Emphasis supplied] 4. Though, learned counsel for the petitioner herein is well aware of the same, she seeks to place reliance upon the judgment dated 07.09.2026 passed by the predecessor Bench of this Court in W.P.(C) 12995/2026 titled ‘Meenakshi & Ors. Vs. Municipal Corporation of Delhi & Ors.’, whereby the said writ petition was disposed of with a direction to MCD for supplying a copy of the Show-Cause Notice as well as the Demolition Orders qua the properties of the petitioners therein within a specific period of two days. Placing reliance thereon as also upon certain title documents, learned counsel for the petitioner submits that a similar Show-Cause Notice should also have been issued to the petitioner herein too. 5. Considering that the petitioner was not only a party, but also duly represented though his counsel in the earlier proceedings with respect to the very same property involved herein being W.P.(C) 9594/2024 entitled ‘Sh. Satya Pal vs. Municipal Corporation of Delhi & Ors.’, wherein it has undisputedly come on record in the order dated 19.02.2026 passed by this Court that “... ...upon joint inspection of the subject properties carried out, it has come to light that the subject properties have encroached the right of way of the roads shown in the development plan 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 01/10/2026 at 12:08:04 prepared by DDA... ...” at the time of its disposal, which has also not been challenged by the present petitioner, the judgment in ‘Meenakshi & Ors. (supra) cannot come to the aid of the petitioner as the facts therein are completely different from what they are here. 6. Under such circumstances, more so, whence the petitioner was well aware from before of what has transpired, and there was no new/ fresh development therein, and since the MCD was only acting in compliance of the orders passed by this Court on 19.02.2026 in W.P.(C) 9594/2024, there was no occasion for the MCD to issue a fresh Show Cause Notice. More so, whence the essence of issuance of a Show Cause Notice to an effected party is to make him/ it aware of a new/ fresh development as also to accord a chance of him/ it being heard, if required. 7. As such, the MCD shall be free to proceed to take action in terms of order dated 19.02.2026 passed this Court in W.P.(C) 9594/2024, albeit, in accordance with law. 8. Considering the same, finding no merit in the present writ petition the same, alongwith pending application, is dismissed in limine. 9. However, in view of the factual matrix involved and in the interest of justice and equity, the petitioner is granted a period of two weeks for vacating the subject premises. SAURABH BANERJEE, J SEPTEMBER 29, 2026/Ab 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 01/10/2026 at 12:08:04