MIRZA ISLAM BAIG vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th October, 2025 + W.P.(C) 15228/2025, CM APPL. 62437/2025 & CM APPL. 62438/2025 MIRZA ISLAM BAIG .....Petitioner Through: Mr. Mohit Chaudhary and Ms. Nikky, Advs. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Kapil Dutta and Mr. Siddharth Parashar, Advs. for MCD CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral) 1. The present writ petition has been filed seeking directions to the respondent-Municipal Corporation of Delhi (“MCD”) to not take action with regard to the Demolition Order dated 19th September, 2025, issued by the respondent-MCD. 2. Learned counsel appearing for the petitioner submits that the petitioner is the occupier and owner of the property, bearing No. 4469, Gali Shahtara, Ajmeri Gate, Delhi-110006. 3. It is submitted that after the remand of the matter by the Appellate Tribunal MCD (“ATMCD”) vide order dated 28th April, 2025, a fresh Demolition Order dated 19th September, 2025 has been passed by the MCD. Signature Not Verified Digitally Signed By:HARIOM SHARMA Page 1 of 3 Signing Date:07.10.2025 12:05:15 He submits that the petitioner wishes to file an appeal before the ATMCD. However, since currently there is no Presiding Officer in the ATMCD, the present writ petition has been filed with a prayer for limited protection till the time the appeal of the petitioner taken up for hearing by the ATMCD. 4. Issue notice. Notice is accepted by learned counsel appearing for the respondent-MCD who confirms the fact that, currently, there is no Presiding Officer in the ATMCD. 5. Considering the fact that the petitioner herein is in the process of filing an appeal before the ATMCD against the Demolition Order passed by the MCD and that the present writ petit