DAYA RAM vs MUNICIPAL CORPORATION OF DELHI AND ORS

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.10.2025 + W.P.(C) 3274/2025, CM APPL. 15437/2025 & CM APPL. 15438/2025 DAYA RAM .....Petitioner Through: Mr. A.K. Singh and Mr. Gourav Prasad, Advocates Mob: 9818192846 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Niraj Kumar, Sr. Central Govt. Counsel with Mr. Chaitanya Kumar, Advocate for R-2 Mob: 9810020341 Email: [email protected] Mr. Kapil Dutta and Mr. Siddhant Parashar, Advocate for MCD Mob: 9811135509 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral): 1. The present writ petition has been filed seeking setting aside of the Vacation Notice dated 13th February, 2025, issued by the respondent no. 1- Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:01.11.2025 15:40:35 Municipal Corporation of Delhi (“MCD”) with respect to the property bearing no. 112, Begumpur, Malviya Nagar, New Delhi. 2. During the course of hearing, learned counsel appearing for the petitioner submits that a letter dated 06th June, 2019, had been written by the petitioner to the Archaeological Survey of India (“ASI”), for the purpose of taking permission for renovation of the property in question. 3. He submits that the said letter of the petitioner is still pending with the ASI, and the ASI has not granted any No Objection Certificate (“NOC”) with regard thereto. 4. It is further submitted that in view of the urgency of the matter, the petitioner in the absence of any approval/permission from the ASI, carried out the requisite repair work in the property in question, which has now been booked by the MCD as unauthorized construction. 5. Responding to the aforesaid submissions, learned