##PAGE1##

$~45

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19396/2025, CM APPL. 80848/2025 & CM APPL.

80849/2025

SMT MAMTA & ORS. .....Petitioners

Through: Mr. Kanhaiya Singhal, Mr. Pulkit,

Mrs. Avantika Shankar, Mr. Govind

Kr. Pathak, Mr. Shaswat Tiwari, Mr.

Prasanna, Advocates

(M:7042360079)

Email:advocatepulkitjolly@gmail.com

versus

MUNICIPAL CORPORATION OF DELHI .....Respondent

Through: Mr. Kapil Dutta, SC for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 22.12.2025

1. The present writ petition has been filed challenging the Vacation

Notice dated 19^th November, 2025, issued under Section 349 of the Delhi

Municipal Corporation Act, 1957 (“DMC Act”) in respect of the petitioners’

flats in the property situated at plot no. C-111/C, Panchsheel Vihar, Malviya

Nagar, New Delhi-110017.

2. It is submitted that the petitioners are lawful occupants/owners of the

flats from the upper ground floor to fourth floor in the said premises, and

have never raised any unauthorized construction. It is submitted that the

impugned Vacation Notice, is the first communication of any such nature

received bythe petitioners.

3. Learned counsel for the petitioners submits that the petitioners were

not aware of any pending proceedings qua any unauthorized construction

Page1of5

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 20/01/2026 at 01:33:02

##PAGE2##

against the property, which is disputed by learned counsel for the

respondent- Municipal Corporation of Delhi (“MCD”).

4. Issue notice. Notice is accepted bylearned counsel for the respondent-

MCD, who has handed over certain documents to this Court, showing the

earlier actions that had been taken against the propertyin question.

5. The synopsis as handed over by learned counsel for the MCD, is

extracted as under:

Page2of5

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 20/01/2026 at 01:33:02

##PAGE3##

Page3of5

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 20/01/2026 at 01:33:02

##PAGE4##

6. As per the aforesaid table, as handed over by the MCD, unauthorized

construction in the property already stands booked on 23^rd November, 2021

and Demolition Orders were passed on 14^th December, 2021 and 17^th

January, 2022 respectively.

Page4of5

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 20/01/2026 at 01:33:02

##PAGE5##

7. Further, partial action has already been taken by the MCD on many

occasions in 2021, as well as 2022.

8. Part-sealing of the subject property has also been done on the ground

floor on 19^th November, 2025.

9. Learned counsel for the MCD also submits that Demolition Orders

have still not been challenged.

10. Considering the submissions made before this Court, the petitioners

are at liberty to challenge the Demolition Orders before the Appellate

Tribunal, MCD (“ATMCD”).

11. Let the needful be done by the petitioners on or before 06^th January,

2026.

12. Since it is the case of the petitioners that none of the documents,

including the Show Cause Notice and Demolition Orders, have been

supplied to the petitioners, it is directed that the requisite documents

pertaining to the subject property shall be supplied to the petitioners,

through petitioners’ counsel on the Email, which is reflected in today’s

order.

13. Let the needful be done by the MCD, within a period of two days,

from today.

14. With the aforesaid directions, the present writ petition, along with

pending applications is accordinglydisposed of.

MINI PUSHKARNA, J

DECEMBER 22, 2025/au

Click Here to Read the rest of this document