Krishna Devi v. MCD and Anr.

1. The present writ petition has been filed challenging the Order dated 11th September, 2025, issued by the Deputy Commissioner, Karol Bagh Zone, whereby the Sanctioned Building Plan in favour of the petitioner has been revoked.

2. Learned counsel appearing for the petitioner submits that the present writ petition has been filed pursuant to the opportunity granted by this Court vide judgment dated 19th September, 2025, in W.P.(C) 11253/2025, titled as “Krishna Devi and Ors. Versus Municipal Corporation of Delhi and Ors.”

3. He submits that pursuant to the Sanctioned Building Plan, the petitioner has already built up the property bearing No. XVI/8731 C, New Shidipura, Karol Bagh, New Delhi-110005, and the same is also occupied.

4. It is submitted that the present petition has been filed since there is no Presiding Officer currently, in the Appellate Tribunal Municipal Corporation of Delhi (“ATMCD”).

5. Responding to the present writ petition, learned counsel appearing for the respondents - MCD submits that the MCD has issued a Show Cause Notice dated 12th September, 2025, thereby, granting the petitioner a time period of fifteen days to file a reply. She submits that no reply has been received by the MCD as yet.

6. Having heard the learned counsels for the parties, the petitioner is directed to file the requisite reply to the Show Cause Notice dated 12th September, 2025.

7. It is further directed that any further action shall be taken by the MCD only subject to outcome of any proceedings that may be undertaken, pursuant to the reply being filed by the petitioner to the Show Cause Notice dated 12th September, 2025.

8. This Court takes note of the fact that the present writ petition has been filed since there is no Presiding Officer in the ATMCD currently.

9. Accordingly, it is directed that the petitioner shall file an appeal before the ATMCD within a period of four weeks, from today.

10. Accordingly, no coercive action shall be taken against the petitioner, for a period of four weeks, in order to allow the petitioner to file an appeal before the ATMCD.

11. In case, there is no Presiding Officer in the ATMCD, even on the date when the appeal is filed by the petitioner, the protection granted today shall automatically extend to any next date which is granted by the ATMCD.

12. It is clarified that this Court has not expressed any opinion on the merits of the case, which shall be decided by the ATMCD independently, after hearing the parties.

13. Rights and contentions of all the parties are left open, and are to be decided in appropriate proceedings.

14. With the aforesaid directions, the present writ the petition, along with pending applications, is disposed of. MINI PUSHKARNA, J SEPTEMBER 26, 2025