Ramkesh Chaprana v. Municipal Corporation of Delhi

1. The present writ petition has been filed challenging the Demolition Order dated 13th August, 2025, passed by the Assistant Engineer-II, Building-II, Central Zone, Municipal Corporation of Delhi (“MCD”), received by the petitioner on 26th August, 2025, in respect of property of the petitioner bearing House No. I-521, I-Block, Hari Nagar Extension, Badarpur, New Delhi-110044.

2. Learned counsel appearing for the petitioner submits that the present petition has been filed before this Court, being aggrieved by the impugned Demolition Order, since there is no Presiding Officer in the Appellate Tribunal, MCD (“ATMCD”) currently, as the earlier Presiding Officer has completed his tenure on 5th August, 2025 and no fresh appointment of any Presiding Officer has been notified by the Competent Authority, till date.

3. Learned counsel appearing for the petitioner submits that the Demolition Order dated 13th August, 2025 is pursuant to the first Show Cause Notice dated 20th May, 2025 issued by the Building Department, MCD.

4. He submits that the petitioner was unable to attend all the hearings qua the said Show Cause Notice and was therefore not able to submit all the requisite documents before the MCD.

5. He submits that, in the meanwhile, a second Show Cause Notice dated 19th August, 2025 has also been issued to the petitioner, qua which, hearing proceedings are still going on.

6. He, thus, submits that an opportunity be granted to the petitioner to submit all the requisite documents not only qua the Show Cause Notice dated 19th August, 2025, but also qua the Show Cause Notice dated 20th May, 2025.

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

8. Learned counsel appearing for the MCD submits that the hearing is still going on and the petitioner has already been granted hearings pursuant to the Show Cause Notice dated 19th August, 2025. However, the final order is yet to be passed.

9. Having heard learned counsels for the parties and considering the submissions made before this Court, it is to be noted that proceedings before the MCD, pursuant to the Show Cause Notice dated 19th August, 2025, are still pending.

10. This Court notes the submissions made by learned counsels appearing for the parties that the petitioner is being granted hearing pursuant to the second Show Cause Notice dated 19th August, 2025.

11. In view of the submissions made by learned counsel appearing for the petitioner that he shall also make submissions qua the Show Cause Notice dated 20th May, 2025, liberty is granted to the petitioner to do so.

12. Accordingly, it is directed that at the time of hearing being granted to the petitioner pursuant to the Show Cause Notice dated 19th August, 2025, the petitioner shall also be allowed to make his submissions and submit requisite documents with respect to the first Show Cause Notice dated 20th May, 2025.

13. It is directed that during the pendency of the proceedings before the MCD, pursuant to the Show Cause Notice dated 19th August, 2025, the Demolition Order dated 13th August, 2025, shall be kept in abeyance.

14. A fresh Speaking Order shall be passed by the respondent-MCD after granting opportunity of hearing to the petitioner with respect to the Show Cause Notice dated 20th May, 2025, as well as Show Cause Notice dated 19th August, 2025.

15. The Speaking Order shall be duly communicated to the petitioner.