ANUJ BADHWAR & ORS. vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~105 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th September, 2025 + W.P.(C) 14938/2025, CM APPL. 61497/2025 & CM APPL. 61498/2025 ANUJ BADHWAR & ORS. .....Petitioners Through: Mr. Parminder Singh, SC with Mr. Aryanshu Vaibhav Gautam, Advs. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Prag Chawla, Mr. Vineet Chadha, Mr. Anmol Sethi and Mr. Pavit Singh, Advs. (Through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral) 1. The present writ petition has been filed by the petitioners seeking prayer for restraining the respondent from taking any coercive action against the property of the petitioner bearing DDA Flat No. C-5C/27A, Janakpuri, New Delhi, till the hearing and disposal of the Appeal No. 560/2025, filed by the petitioners against the Demolition Order before the Appellate Tribunal Municipal Corporation of Delhi (“ATMCD”). 2. It is submitted that the petitioners are co-owners and in possession of the flat in question. 3. Learned counsel appearing for the petitioners submits that the petitioners, had earlier filed an appeal before the ATMCD against the Signature Not Verified Digitally Signed Page 1 of 3 By:HARIOM SHARMA Signing Date:27.09.2025 11:04:17 Vacation Notice dated 11th July, 2025. Subsequently, when the Demolition Order and other notices issued by the MCD were brought to the notice of the petitioners, the petitioners have now filed a fresh appeal before the ATMCD on 05th August, 2025, challenging the various orders passed by the Municipal Corporation of Delhi (“MCD”). 4. Since, as of now, there is no Presiding Officer in the ATMCD currently, the present writ petition has been filed for limited protection. 5. Issue notice. Notice is accepted by learned counsel appearing for the respondent-MCD, w