ASHA SHARMA vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12.09.2025 + W.P.(C) 14058/2025 ASHA SHARMA .....Petitioner Through: Mr. Navin Kumar Thakur, Ms. Prakriti Priya, Ms. Nitika and Mr. Ram Kumar, Advs. (Through VC) versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Rohit Katheria, Adv. for R-MCD Mob: 9717948948 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL) 1. The present writ petition has been filed seeking directions for setting aside the Vacation Notice dated 05th June, 2025, along with the order passed by the Assistant Engineer (Building) Shahdara (South) Zone, in respect of property of the petitioner, i.e., property bearing no. E-100, Second Floor, Gali No. 11, Shashi Garden, Patpadganj, Mayur Vihar Phase-I, Delhi- 110091. 2. Learned counsel appearing for the petitioner submits that the Vacation Notice dated 05th June, 2025 has been received by the petitioner. However, the petitioner has neither received any Show Cause Notice pertaining to any unauthorized construction in the property of the petitioner, nor any Demolition Order. Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:12.09.2025 21:22:45 3. Per contra, learned counsel appearing for the respondent-Municipal Corporation of Delhi (“MCD”), submits that Show Cause Notice with respect to the unauthorized construction in the property in question, was issued on 28th February, 2025, which was duly served upon the petitioner on 06th March, 2025, by speed post. He further submits that no reply was received from the petitioner and thus the Demolition Order was passed on 24th March, 2025. 4. Learned counsel appearing for respondent-MCD has handed over Status Report along with documents, which are taken on record. 5. Hav