SMT SAIMA BEGUM vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th August, 2025 + W.P.(C) 12386/2025 & CM APPL. 50478/2025, CM APPL. 50479/2025 SMT SAIMA BEGUM .....Petitioner Through: Ms. Sana Ansari and Mr. I. Ahmed, Advs. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Harshit Chopra, Adv. for R-1 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 action coercive action against the property of the petitioner, i.e., third 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 third floor of the property in question, having purchased the same, by way of a registered Sale Deed dated 31st January, 2023. 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. 3. Learned counsel appearing for the petitioner submits that action is Signature Not Verified Digitally Signed W.P.(C) 12386/2025 Page 1 of 4 By:HARIOM SHARMA Signing Date:18.08.2025 19:03:54 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 third floor of the property. She further submits that no notice has ever been issued to the petitioner with regard to unauthorized construction on the third floor of the property in question. Thus, it is submitted that without following the due process of law, action cannot be taken