$~35 
*	IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI
%						           Date of Decision: 03.11.2025
+ 	W.P.(C) 12115/2025 & CM APPL. 49398/2025 
	MANGAL SINGH RAWAT				          .....Petitioner

Through:	Mr. S.S. Ray, Sr. Adv. with Ms. Rakhi Ray, Mr. Vaibhav Gulia, Mr. Shubhaankar Ray, Advocates (M:9868123374)
				versus

	MUNICIPAL CORPORATION OF DELHI	                 .....Respondent

Through:	Mr. Sandeep Kumar, Additional Standing Counsel for MCD

	CORAM:
	HON'BLE MS. JUSTICE MINI PUSHKARNA
	MINI PUSHKARNA, J. (ORAL):
1. The present writ petition has been filed seeking setting aside of the Demolition Order dated 21st July, 2025, passed by the Assistant Engineer (Bldg)-II Shahadra (South) Zone, with respect to the 4th Floor of the petitioner’s property in the building by the name of Shakti Bhawan, in plot no. S-606 School Block-II, Shakarpur, Delhi 110092. 
2. A Status Report dated 30th October, 2025, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), relevant portions of which, read as under:
“xxx xxx xxx






”
3. Perusal of the aforesaid Status Report filed on behalf of the MCD shows that it is the clear stand of the MCD that as regards the 4th Floor (Left Side), of the property in question, the same was constructed before the cut-off date, i.e., 08th February, 2007, as per the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. However, as regards the construction on the Fourth Floor (Right Side) of the property in question, in possession of the petitioner, vide the Demolition Order in the form of speaking order dated 21st July, 2025, issued by the Assistant Engineer (Bldg)-II, Shahadra, (South) Zone, the same is an unauthorized construction. The said Demolition Order dated 21st July, 2025, has been attached along with the present Status Report. 
4. Accordingly, considering the aforesaid, the petitioner is granted liberty to approach the Appellate Tribunal MCD (“ATMCD”) to challenge the said Demolition Order, in the form of speaking order dated 21st July, 2025, passed by the MCD.
5. At this stage, learned Senior Counsel for the petitioner submits that the petitioner be granted a time of eight weeks to file the requisite appeal, since documents are required to be collected by the petitioner. 
6. He further submits that an opportunity be also granted for filing additional documents before the ATMCD.
7. Accordingly, liberty is granted to the petitioner to file the appeal before the ATMCD, within a period of eight weeks, from today. 
8. Further, the petitioner is also granted liberty to file additional documents before the ATMCD. 
9. Considering the submissions made before this Court, it is directed that for a period of eight weeks, no coercive action shall be taken against the property of the petitioner, in order to allow the petitioner to file an appeal before the ATMCD.
10. Rights and contentions of the parties are left open. 
11. It is clarified that this Court has not expressed any opinion on the merits of the case, which shall be decided by the ATMCD. 
12. With the aforesaid directions, the present petition, along with the pending application, is accordingly, disposed of. 


MINI PUSHKARNA, J
NOVEMBER 3, 2025/au
					


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