Ritu Bhardwaj vs Municipal Corporation Of Delhi Through Its Deputy Commissioner & Ors.

MINI PUSHKARNA, J (ORAL):

The present writ petition has been filed seeking directions for setting aside and revoking the Demolition/Vacation Notice dated 15^th September, 2025, served on the petitioner on 17^th September, 2025. There is further prayer for directions to the respondents, not to take any coercive action against the property of the petitioner, i.e., property no. 87, Vasant Enclave, Rao Tula Marg, Vasant Vihar, New Delhi-110057.

Learned counsel appearing for the petitioner submits that only a Vacation/Demolition notice has been pasted outside the flat of the petitioner. It is submitted that though the petitioner had earlier filed a reply to the Show Cause Notice issued to the petitioner, however, despite the reply having been submitted by the petitioner, the same had not been considered and taken into account.

Learned counsel appearing for the petitioner submits that the present writ petition has been filed only with a limited prayer for interim protection, so that an appeal can be filed before the Appellate Tribunal Municipal Corporation of Delhi (“ATMCD”).

Issue notice. Notice is accepted by learned counsel appearing for the MCD, who submits that the Demolition/Vacation Notice has been passed, after following due process of law.

Having heard learned counsel appearing for the parties, this Court notes the prayer made by learned counsel appearing for the petitioner that the petitioner has approached this Court only for a limited prayer to grant protection, in order to allow the petitioner to approach the ATMCD.

Considering the submissions made before this Court, it is directed that no coercive action shall be taken against the petitioner, for a period of two weeks, in order to allow the petitioner to file an appeal before the ATMCD.

This Court is informed that there is currently no Presiding Officer, in the ATMCD. Thus, in case on the date of filing of the appeal, there is no Presiding Officer in the ATMCD and a date is given, the protection granted by today’s order, shall extended automatically to any next date, which is given by the ATMCD.

It is further directed that within two weeks of the Presiding Officer of the ATMCD taking charge, the petitioner shall file requisite application, before the ATMCD for taking up her appeal for hearing.

It is clarified that this Court has not considered the merits of the case of the petitioner, which shall be considered and decided by the ATMCD on its own merits.

Rights and contentions of the parties are left open.

With the aforesaid direction, the present writ petition, along with the pending applications, is accordingly disposed of.