DINESH KUMAR vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th October, 2025 + W.P.(C) 15270/2025 DINESH KUMAR .....Petitioner Through: Mr. Rohit Gupta, Mr. Gopal Agania, Advocates (M:7042621255) versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Siddhant Nath, SC-MCD with Mr. Bhavishya Makhija, Advocate (M:9910870397) Mr. Amjad Malak and Mr. Rinku Yadav, Advocates for R-2 (M: 9999229379) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present writ petition has been filed seeking directions to restrain respondent from initiating any coercive action against the property of the petitioner till the Presiding Officer of the Appellate Tribunal Municipal Corporation of Delhi (“ATMCD”) assumes charge and hears the appeal filed by the petitioner. 2. It is submitted that the petitioner is the owner of and in lawful possession of the property bearing No. 18/4, Azad Colony, Bagh Kare Khan, Kishan Ganj, Malka Ganj, North Delhi-110007. 3. He submits that a Demolition Order dated 23rd September, 2025 has been received by the petitioner on 25th September, 2025 issued by the respondent-Municipal Corporation of Delhi (“MCD”), against which, the Signature Not Verified Digitally Signed By:HARIOM SHARMA Page 1 of 1 Signing Date:07.10.2025 12:05:15 petitioner is in the process of filing an appeal before the ATMCD. Thus, it is submitted that the present petition has been filed for a limited protection not to take coercive action against the petitioner, till an appeal is filed by the petitioner, and is duly heard by the ATMCD. 4. Issue notice. Notice is accepted by learned counsel appearing for the MCD, who confirms the fact that, as of now, there is no Presiding Officer in the ATMCD. 5. Considering the fact that the petitioner herein is in