Jagmohini v. Municipal Corporation of Delhi

1. The present writ petition has been filed praying that the petitioner be provided with the Sealing Order and the Demolition Order passed in the present case with respect to the premises bearing Plot No. R.J. Public School, Plot No. 489 (Old Plot No. L-120B), Khasra No. 696/2, Block-L, Mahipalpur Extension, New Delhi- 110037, so that the petitioner can file requisite appeal before the Appellate Tribunal Municipal Corporation of Delhi (“ATMCD”).

2. Learned counsel appearing for the petitioner submits that the petitioner has only received the Vacation Notice dated 04th July, 2025, and not the previous orders, on the basis of which, the said Vacation Notice has been issued.

3. The matter had been adjourned for instructions on behalf of the Municipal Corporation of Delhi (“MCD”), on the last date of hearing. Today, learned counsel appearing for the MCD submits that the copy of the Show Cause Notice and the Demolition Order shall be duly supplied to learned counsel appearing for the petitioner.

4. Accordingly, it is directed that the requisite documents, including the Show Cause Notice and Demolition Order and any other related documents, be supplied to learned counsel appearing for the petitioner, on the E-Mail, which is reflected in today’s order.

5. Upon the petitioner receiving the said documents, liberty is granted to the petitioner to file appropriate appeal before the ATMCD, within a period of three weeks.

6. In order to allow the petitioner to file an appeal before the ATMCD within a period of three weeks, it is directed that no coercive action shall be taken against the petitioner for a period of three weeks, from today.

7. This Court is informed that there is no Presiding Officer in the ATMCD, for the time being. Thus, in case, at the time of filing of the appeal, there is no Presiding Officer in the ATMCD, the protection granted by today’s order shall automatically extend to any next date, which is given by the ATMCD.

8. However, in case, the petitioner does not file the appeal before the ATMCD within the requisite time, the protection, as granted by today’s order shall automatically lapse.

9. It is clarified that this Court has not considered the merits of the case of the petitioner, which shall be considered and decided by the ATMCD on its own merits.

10. Rights and contentions of the parties are left open.

11. With the aforesaid directions, the present writ petition, along with pending applications, is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 23, 2025