NEERAJ GUPTA & ANR. vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 8th May, 2025 + W.P.(C)-6182/2025 & CM APPLs.28207-08/2025 NEERAJ GUPTA & ANR. ....Appellants Through: Mr. Pradeep Divan, Sr. Adv. with Mr. Mohammad Sajid and Mr. Abdullah Bin Masood, Advs. (M:9910949152) versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, Standing Counsel MCD with Mr. Shivam, Adv. for MCD. (M:9911991166) Mr. Rajesh Katyal, Adv. for R-2. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioners-Neeraj Gupta and Rajeev Kumar Gupta under Article 226 of the Constitution of India seeking stay from initiating any action of demolition in respect of tehbazari site Nos.948 and 568 (hereinafter, the ‘tehbazari sites’) situated at Ustad Hafiz Ali Khan Sahib Marg, Sarai Kale Khan, New Delhi. 3. The petition is stated to be filed on behalf of the stall occupiers of the tehbazari sites which are stated to be allotted to them by the Municipal Corporation of Delhi. 4. The case of the Petitioners is that they are running shops/kiosks near the station of Namo Bharat Metro Rail services at Sarai Kale Khan, Hazrat Signature Not Verified W.P.(C)-6182/2025 Page 1 of 4 Signed By:RAHUL Signing Date:09.05.2025 13:25:31 Nizamuddin. However, recently on 6th May, 2025 the National Capital Region Transport Corporation (‘NCRTC’) started demolition action qua the tehbazari sites and further gave two days’ time to the Petitioners to remove their articles from the said area. According to the Petitioners, the demolition of the tehbazari sites without prior notice is against the principles of Natural Justice and the same ought to be stopped. Furth