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2026 Supreme(Online)(Del) 3447

IN THE HIGH COURT OF DELHI AT NEW DELHI
MR. VINAY KUMAR GARG VS. MUNICIPAL CORPORATION OF DELHI (MCD) & ORS.
W.P.(C) 1614/2026



$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1614/2026, CM APPL. 7871/2026 & CM APPL. 7872/2026 SUPREME MOTORS PVT. LTD. & ANR. .....Petitioners Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. Amit Gupta, Mr. Kshitij Vaibhav, Mr. H.S. Mahapatra, Ms. Ankita Singh, Ms. Muskan Nagpal & Mr. Sambit Nanda, Advocates along with Mr. Anuj Singh, Director.

versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Kunal Rawat, Standing Counsel for MCD with Ms. Prity Kumari, Ms.

Ritu Gaur, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 05.02.2026 CM APPL. 7872/2026 (exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 1614/2026

3. The present writ petition has been filed seeking setting aside of the communication dated 8th January, 2026, issued by the respondent no. 3.

4. Earlier, a show cause notice dated 31st December, 2020 was issued by the respondent no.2/MCD to the petitioners, regarding sealing of the subject property for misuse.

5. The petitioner along with other parties challenged the said show cause notice before this Court.

6. This Court vide Judgment dated 4th July, 2025, in W.P.(C) 5340/2016 and other connected matters, passed the following directions:

“80. In view of the aforesaid, all the writ petitions, along with pending applications, aredisposedof withthefollowingdirections:-

i. The jurisdictional challenge to the impugned show cause notices stands failed.

ii. The petitioners are directed to file their response/revised response to the impugned show cause notices within two months from the date of passingof this judgment.

iii. Consequent thereto, the MCD shall pass a speaking order within four months, after affording due opportunity of hearing to the petitioners.

iv. Thereafter, aggrieved party shall have the liberty to challenge the decisionas per theextant rules andregulations.

v. Since the interim orders have been in operation since 2016, therefore, in the interest of justice, they shall be in operation till the MCDpasses afinal order.”

7. Counsel appearing on behalf of the respondents/MCD submits that pursuant to the aforesaid directions, MCD has passed a speaking order on 8th January, 2026, being the impugned order, after giving an opportunity of hearing to the petitioners.

8. Counsel appearing on behalf of the respondents/MCD submits that the amount payable towards conversion/ parking charges are yet to be calculated by the respondents and the same shall be communicated to the petitioners.

9. Mr. Nandrajog, Senior Counsel appearing on behalf of the petitioners submits that the use of the premises for running of automobile workshop/ service centre cannot be termed as a commercial activity. Hence, no conversion/ parking charges are payable by the petitioners.

10. Issue notice.

11. Notice is accepted by counsel appearing on behalf of the respondents/MCD.

12. Counter-affidavit be filed within six (6) weeks.

13. Rejoinder thereto, if any, be filed within three (3) weeks thereafter.

14. List on 4th May, 2026.

15. Liberty is given to the petitioners to approach this Court, in the event any coercive steps are taken by the respondents/MCD.

AMIT BANSAL, J FEBRUARY 5, 2026 at

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