JAVED AHMAD AND ANR vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.08.2025 + W.P.(C) 13054/2025 & CM APPL. 53432/2025, CM APPL. 53433/2025 JAVED AHMAD AND ANR. .....Petitioners Through: Mr. Sanjeev Kumar and Mr. M.M. Siddiqui, Advs. Mob: 9891490070 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Anand Prakash, SC for MCD with Ms. Varsha Arya and Mr. Satbeer, Advs. Mob: 8851801293 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J: (ORAL) 1. The present writ petition has been filed seeking quashing of the Demolition Order dated 27th June, 2025, issued under Section 343 of the Delhi Municipal Corporation Act, 1957 (“DMC Act”) and the subsequent Vacation Order dated 06th August, 2025, in respect of the property bearing no. R-98, Khasra No. 1 ETC/113, Gali No. 21, Brahampuri, Delhi-110053. 2. Learned counsel appearing for the petitioners submits that the petitioners are the owners and have been in possession of property bearing no. R-98, Third Floor, Khasra No. 1 ETC/113, Gali No. 21, Brahampuri, Delhi-110053, against which the common Demolition Order dated 27 th June, Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:30.08.2025 11:09:27 2025, and subsequent Vacation Order dated 06th August, 2025, has been issued. 3. It is submitted that the aforesaid Demolition and Vacation Order have been issued against the erstwhile owner, namely, Nafees Khan, as the subject property stands mutated in the name of the said owner. However, it is submitted that at present there are six flats, including, ground floor in the property in question, and different persons are living therein after purchasing the said flats. 4. It is submitted that the petitioners did not receive any Show Cause Notice despite the f