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High CourtsSingle Bench(2025) 10 DEL CK 1755

Sh. Bharat Bhushan Chugh vs Municipal Corporation Of Delhi

Delhi High Court · Decided on 15 October 2025

HON’BLE JUDGES
Mini Pushkarna, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) 15829/2025 & CM APPL. 64802/2025

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Judgment

9 paragraphs · 365 words

MINI PUSHKARNA, J (ORAL):

1.

The present writ petition has been filed seeking directions to the respondent to not take any coercive steps in respect of the property bearing Flot No. B-101, 10th Floor, The Vijay CGHS Ltd., Plot No. 17, Sector-18A, Dwarka, New Delhi-110078, in pursuance to the Demolition Order dated 18th August, 2025, passed by the respondent-Municipal Corporation of Delhi (“MCD”).

2.

After some arguments, learned counsel appearing for the petitioner submits that the present petition had been filed since there was no Presiding Officer before the Appellate Tribunal MCD (“ATMCD”), where an appeal has been filed by the petitioner herein. However, the new Presiding Officer has already resumed charge in the ATMCD. 3. He, however, submits that since the date before the ATMCD is 11th November, 2025, limited protection, till the next date, may be granted to the petitioner, since when the appeal of the petitioner was listed before the ATMCD on 26th September, 2025, the same could not be heard on account of the fact that there was no Presiding Officer in the ATMCD at that point of time.

4.

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

5.

He confirms the fact that there was no Presiding Officer on 26th September, 2025, when the appeal was filed by the petitioner.

6.

Considering the submissions made before this Court, and considering the fact that there was no Presiding Officer on 26th September, 2025, when the appeal of the petitioner was listed before the ATMCD for the first time, it is directed that no coercive action shall be taken against the property of the petitioner, till the next date before the ATMCD, i.e., 11th November, 2025.

7.

It is clarified that this Court has not expressed any opinion on the merits of the case, which shall be decided by the ATMCD, independently, after hearing the parties.

8.

Rights and contentions of all the parties are left open, to be decided in appropriate proceedings.

9.

With the aforesaid directions, the present writ petition, along with pending application, is disposed of.