SMT NAZIA BEGUM vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.08.2025 + W.P.(C) 12631/2025 & CM APPL. 51489/2025, CM APPL. 51490/2025 SMT NAZIA BEGUM .....Petitioner Through: Ms. Sana Ansari and Mr. I. Ahmed, Advs. M: 9818053386 versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Vinod Kumar Khanna, Adv. for MCD M: 9891081919 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J: (ORAL) 1. The present writ petition has been filed for restraining the respondent from taking any coercive action against the property of the petitioner, i.e., fourth floor being part of property bearing No. 1846, situated at Ward No. IX, Gali Wazir Beg, Turkman Gate, Delhi-110006, without adopting due process of law. 2. Learned counsel appearing for the petitioner submits that the petitioner is the owner of fourth floor of the property in question, having purchased the same, by way of a registered Sale Deed dated 27th July, 2022. 3. It is submitted that the petitioner has been informed recently by the officials of the Municipal Corporation of Delhi (“MCD”), that demolition action shall be taken against the property of the petitioner. Signature Not Verified Digitally Signed Page 1 of 4 By:HARIOM SHARMA Signing Date:23.08.2025 13:29:33 4. Learned counsel appearing for the petitioner submits that action is being taken by the MCD against the illegal construction on the fifth floor of the property in question. However, it is submitted that there is no unauthorized construction existing on the fourth floor of the property. 5. She further submits that no notice has ever been issued to the petitioner with regard to unauthorized construction on the fourth floor of the property in question. Thus, it is submitted that without following the due process of law, an action cannot