MADAN LAL MALHOTRA vs MCD

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13th May, 2026 + W.P.(C) 2241/2012 MADAN LAL MALHOTRA .....Petitioner Through: Mr. Anish Kumar Maggo, Advocate. versus MCD .....Respondent Through: Ms. Sangeeta Chandra, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present writ petition has been filed seeking quashing of the order dated 17th November, 2011, passed by the respondent/MCD whereby the tehbazari granted to the petitioner at a plot near 33/16 Ashok Nagar, New Delhi, was cancelled. 2. The brief facts necessary for deciding the present petition are as follows: i. In the year 1970, MCD allotted a tehbazari site near 33/16 Ashok Nagar, New Delhi, to the petitioner’s father for running a coal depot and storage of coal. ii. Subsequently, the said tehbazari site was transferred in favour of the petitioner on 19th June, 1979, and the license of the coal depot of the said site was also transferred in the name of the petitioner. iii. The petitioner has been running the coal depot at the Tehbazari site Signature Not Verified Signed By:DHARMENDER W.P.(C) 2241/2012 Page 1 of 9 SINGH Signing Date:18.05.2026 13:39:50 until 1994. iv. In 1994, the Government of NCT of Delhi banned coal distribution and prohibited coal depots in Delhi. As a result, the petitioner applied to MCD for permission to change the trade from that of a coal depot to trading of hardware, paints and sanitary goods. v. MCD granted permission for change of trade vide communication dated 30th October, 1998. Since then, the petitioner has been running the business of trading in hardware, paints and sanitary goods at the said tehbazari site. vi. On 22nd September, 2011, MCD issued a notice to the petitioner to show cause as to why an alternate tehbazari site be