SHAHNAZ vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.08.2025 + W.P.(C) 13023/2025 & CM APPL. 53277/2025, CM APPL. 53278/2025 SHAHNAZ .....Petitioner Through: Mr. Sanjeev Kumar and Mr. M.M. Siddiqui, Advs. Mob: 9891490070 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Anuj Gupta, Adv. Mob: 78348184477 Email: [email protected] 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 petitioner submits that the petitioner is the owner, and is in possession of property bearing no. R-98, First Floor, Khasra No. 1 ETC/113, Gali No. 21, Brahampuri, Delhi- Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:30.08.2025 11:03:59 110053, against which the common Demolition Order dated 27th June, 2025, and subsequent Vacation Order dated 6th 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 petitioner did not receive any Show Cause Notice, despite the fact that the petitioner is in possession