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2025 Supreme(Online)(Del) 46605

IN THE HIGH COURT OF DELHI AT NEW DELHI
SMT. KAMLESH KUNDRA & ANR. VS. MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER & ANR.
W.P.(C) 19574/2025



##PAGE1##

$~30

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19574/2025 & CM APPL. 81792/2025

M/S KALWA .....Petitioner

Through: Mr. Vinod Kumar Mantoo, Mr. Hem

Kumar and Ms. Niharika Mantoo,

Advs.

Mob: 9868578517

versus

MUNICIPAL CORPORATION OF DELHI .....Respondent

Through: Mr. Tushar Sannu, SC for MCD,

with Mr. Praveen Bansal, Advs.,

along with Mr. Praveen Panwar,

Inspector, RP Cell, MCD

Mob: 9911991136

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 24.12.2025

1. The present writ petition has been filed on the premise that despite the

order passed by this Court vide order dated 23rd May, 2025, hearing has not

been granted to the petitioner by the respondent-Municipal Corporation of

Delhi (“MCD”).

2. This Court notes that the petitioner had earlier approached this Court

by way of W.P.(C) 7171/2025 titled as “M/s Kalwa Versus Municipal

Corporation of Delhi”, wherein, the petitioner had prayed for quashing of

the Forfeiture cum Cancellation & Debarment Letter dated 28th November,

2024, issued bythe MCD. The said petition was disposed of vide order dated

23rd May, 2025, in the following manner:

Page1of

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 19/01/2026 at 19:56:13

##PAGE2##

“xxxxxxxxx

1. The present writ petition has been filed praying for quashing the

Forfeiture cum Cancellation and Debarment Letter dated 28th

November, 2024, issued by the respondent/Municipal Corporation of

Delhi (“MCD”), with further prayer for directions to the respondent

to refund the Earnest Money Deposit (“EMD”) amount of ₹

1,08,000/-paidbythepetitioner.

2. Learned counsel for the petitioner submits that the petitioner was

declared as the highest bidder having fulfilled all the technical and

financial qualifications in relation to a parking site, i.e., near

Monastery, Civil Lines, Delhi. Further, the petitioner was issued an

Offer Letter dated 08th August, 2024, for the parking site in question.

However, subsequently, respondentissuedaShow CauseNotice dated

22nd August, 2024, directing the petitioner to complete all formalities

mentionedintheofferletter.

3. It is submitted that the petitioner came to know that there existed

some hindrance and obstructions for commissioning and running of

theparkingsiteinquestion,whichhadbeenallottedandofferedtothe

petitioner.

4. Thus, it is submitted that since the petitioner came to know that the

land earmarked for the said parking belonged to the Public Works

Department (“PWD”) and Delhi Development Authority (“DDA”),

and not to the Municipal Corporation of Delhi (“MCD”), therefore,

MCD lacked legal authority to allot or auction the said land, without

proper transfer or authorization. Therefore, the petitioner declined to

takeoverthesiteinquestion,onaccountoftheaforesaidfacts.

5. Since the impugned action has been taken by the respondent/MCD,

thepresentpetitionhasbeenfiled.

6. Learned counsel for the petitioner also draws the attention of this

Court to the order dated 08th October, 2024, passed in W.P.(C)

14223/2024, titled as Shree Hanuman Ashram Society Delhi Versus

Municipal Corporation of Delhi and Ors., wherein, the same Offer

Letter dated 08th August, 2024, issued to the petitioner therein for the

siteinquestion,waschallenged.

7. Issue notice. Notice is accepted by learned counsel appearing for

respondent/MCD.

8. Learned counsel for MCD submits that the Show Cause Notice was

given to the petitioner, however, the petitioner did not file any reply,

thereto.

9.Hesubmitsthatthereafter,theMCDcancelledthecontract.

10. Havingheardlearned counsels for the partiesand consideringthe

submissions made before this Court, it is noted that vide order dated

Page2of

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 19/01/2026 at 19:56:13

##PAGE3##

08th October, 2024 passed in W.P.(C)

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