Pooja Chopra v. Municipal Corporation of Delhi

1. The present writ petition has been filed seeking quashing of the Demolition Order dated 06th June, 2025 and Vacation Notice dated 08th September, 2025.

2. There is further prayer for directions to the respondents to refrain from taking coercive action against the petitioner’s property bearing No. D- 28, Second Floor, D-Block, Kalkaji, New Delhi-110019, in view of the pendency of the petitioner’s appeal bearing Appeal No. 594/2025, before the Appellate Tribunal Municipal Corporation of Delhi (“ATMCD”), which is currently non-functional.

3. Learned counsel appearing for the petitioner submits that the flat in question was purchased by the petitioner on 13th August, 2020. She submits that a Demolition Order dated 06th June, 2025 has been passed by the Municipal Corporation of Delhi (“MCD”), which has not been served upon the petitioner.

4. She further submits that prior to the Demolition Order, a Show Cause Notice dated 19th May, 2025 had been issued, to which, the petitioner had duly replied. However, without taking into account the submissions made by the petitioner, the Demolition Order has been passed.

5. She further submits that, now, a Vacation Notice dated 08th September, 2025 has been issued. Thus, an appeal bearing No. 594/2025 has been filed in the ATMCD against the Demolition Order, which is next listed for hearing on 04th November, 2025.

6. Responding to the present writ petition, learned counsel appearing for respondent-MCD submits that the petitioner had sought to be impleaded in the earlier appeal, being Appeal No. 252/2022, before the ATMCD.

7. He further submits that Demolition Order has been passed by the MCD after following the due process of law.

8. Responding to the aforesaid submission, learned counsel appearing for the petitioner submits that the earlier appeal had not been filed by the petitioner, but pertained to a Demolition Order issued against the third floor of the property in question, with respect to which, the petitioner has no concern.

9. Learned counsel appearing for the petitioner further submits that present writ petition has been filed only for a limited relief that no coercive action be taken against the petitioner, till the appeal of the petitioner is heard before the ATMCD.

10. Having heard learned counsels for the parties, without going into the merits of the case, it is directed that since the petitioner has already filed an appeal before the ATMCD, no coercive action shall be taken against the petitioner till hearing is granted by the ATMCD.

11. This Court takes note of the fact that the appeal of the petitioner before the ATMCD is next listed on 11th November, 2025. It is clarified that, in case, there is no Presiding Officer in the ATMCD even by the next date of hearing, i.e., 11th November, 2025, the protection granted today, shall extend to any next date which is given by the ATMCD.

12. It is further directed that whenever the Presiding Officer of the ATMCD takes charge, within two weeks thereafter, the petitioner herein shall move an application before the ATMCD for taking up his appeal for hearing.

13. 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.

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

15. With the aforesaid directions, the present writ petition, along with pending applications, is disposed of. MINI PUSHKARNA, J SEPTEMBER 17, 2025