SURESH CHANDRA & ORS. vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th September, 2025 + W.P.(C) 14518/2025 & CM APPL. 59522-59523/2025 SURESH CHANDRA & ORS. .....Petitioners Through: Mr. Devesh Pratap Singh, Mr. Abhishek Kumar, Ms. Ankita Pandey, Mr. Imtiyaz and Mr. Aditya Kumar, Advocates Mob: 9897465006 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Kapil Dutta, 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 quashing of the impugned Vacation Notice dated 27th October, 2022, issued under Section 349 of the Delhi Municipal Corporation Act, 1957 by respondent no. 1- Municipal Corporation of Delhi (“MCD”), thereby, directing the vacation of the petitioners’ residential premises situated at House No. A-138 (RHS), Bharat Vihar, Kakrola, New Delhi – 110078. 2. Learned counsel appearing for the petitioner submits that the aforesaid Vacation Notice dated 27th October, 2022 was never supplied to the petitioner. 3. He further submits that prior to the said Vacation Notice, no Show Signature Not Verified Digitally Signed W.P.(C) 14518/2025 Page 1 of 3 By:HARIOM SHARMA Signing Date:18.09.2025 20:44:00 Cause Notice or Demolition Order, has also been supplied to the petitioners. 4. Learned counsel appearing for the petitioners submits that the petitioners came to know about the Vacation Notice only during the proceedings in the Civil Suit No. CS DJ ADJ 684/23 titled “Kamlesh Kumar Versus Suresh Chand Sharma and Ors.”, which has been filed by respondent no. 2 herein. 5. Learned counsel appearing for the petitioners also draws the attention of this Court to the Vacation Notice dated 27th Oc