Hari Kishan v. Municipal Corporation of Delhi & Anr.

1. The present writ petitions have been filed seeking to quash and set aside the impugned orders dated 03rd December, 2025, passed by the learned Appellate Tribunal Municipal Corporation of Delhi (“ATMCD”) in the appeals of the petitioner pending before the ATMCD, wherein, the learned ATMCD has dismissed the interim applications for stay of demolition action till the pendency of petitioner’s regularization application before the Municipal Corporation of Delhi (“MCD”).

2. Learned counsel appearing for the petitioner submits that the petitioner is the co-owner of and in joint possession of the property bearing No. 443, main Road, Jheel Khurenja, Delhi-110051.

3. Learned counsel appearing for the petitioner submits that two Demolition Orders have been passed by the respondent-MCD and two separate Sealing Orders have also been passed. Thus, four appeals are pending at present before the learned ATMCD, i.e., Appeal Nos. 231/2022, 275/2022, 256/2024 and 257/2024.

4. It is further submitted that the petitioner filed an application for regularization on 26th November, 2025, and thereafter, moved stay applications before the learned ATMCD on 27th November, 2025. However, vide the impugned orders dated, 03rd December, 2025, the learned ATMCD dismissed the said applications, without granting any interim protection to the petitioner.

5. Thus, the present writ petitions have been filed.

6. Issue notice. Notice is accepted by learned counsel appearing for the respondent-MCD.

7. Learned counsel appearing for the respondent-MCD submits that a Sealing Order with respect to the property in question was passed in the year 2017, followed by a Demolition Order in the year 2018.

8. She further submits that demolition action was taken twice in the month of May, 2018 and a third round of demolition action was taken on 04th December, 2025. She submits that sealing of the property was done in March, 2022. However, since the seal was found to be tampered with, the property was re-sealed in September, 2023.

9. She further submits that she has instructions to submit that no regularization application on behalf of the petitioner has been found on the online portal of the MCD.

10. However, learned counsel appearing for the petitioner draws the attention of this Court to Annexure P-4 attached with both the present petitions, to submit that the petitioner has already uploaded the regularization application and he has duly been given a reference number in regard thereto.

11. Hearing heard learned counsels for the parties, this Court notes that part demolition action has already been taken by the MCD against the unauthorized construction in the property in question. Further, the said property is also lying sealed since the year 2022.

12. This Court also takes note of the fact that the petitioner has now filed an application for regularization and a document pertaining to uploading/filing of the regularization application on the MCD online portal, as annexed with the writ petitions, is reproduced as under:

13. This Court also takes note of the submission made on behalf of the MCD that they have not been able to trace any application for regularization on their online portal.

14. Accordingly, it is directed that the petitioner shall appear before the Executive Engineer, Shahdara South Zone, on 15th December, 2025 at 11:00 AM.

15. In case, there is any discrepancy found in the regularization application of the petitioner, the concerned official of the MCD is at liberty to direct the petitioner to re-upload the application for regularization.