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
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$~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
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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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