Delhi High Court
Mohd Iqbal & Ors vs Municipal Corporation Of Delhi & Anr on 27 June, 2025
$~ SB-24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27th June, 2025
+ W.P.(C) 8472/2025 & CM APPL. 36828/2025
MOHD IQBAL & ORS. .....Petitioners
Through: Mr. Vinod Kumar Mantoo with
Mr. Hem Kumar and Mr. Nupur
Mantoo, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI & ANR. ....Respondents
Through: Mr. Arjun Mahajan, Standing Counsel
for MCD with Mr. Apoorv Upamanyu
and Mr. Harsh Vashisht, Advocates
for respondent No.1.
Mr. Bhagwan Swarup Shukla, CGSC
for UOI
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioner had earlier filed an appeal before the learned Appellate
Tribunal, MCD which was registered as Appeal No.195/2025. Such appeal
was dismissed by the learned Appellate Tribunal on 03.06.2025.
2. Said order has been further assailed by the petitioner by filing an appeal
before the learned Principal District & Sessions Judge, which has been
registered as MCD Appeal No.12/2025. It was taken up for consideration by
District Judge – 07, Central, while sitting as a Vacation Bench but the
concerned Court did not pass any order observing that there was no delegation
of judicial power of Principal District & Sessions Judge to him and, therefore,
the aspect related to interim relief could not be considered and the abovesaid
appeal has now been posted before the learned Principal District & Sessions
Signature Not Verified
Digitally Signed W.P.(C) 8472/2025 1
By:SONIA THAPLIYAL
Signing Date:27.06.2025
20:13:27
Judge on 01.07.2025 at 2:00 pm.
3. The petitioner apprehends that in the meanwhile, as there is no interim
relief or stay in the matter, the respondent Corporation may demolish the
entire building. It is also brought to the notice of the Court that partial
demolition has already taken place and, lastly, the building was, partially,
demolished on 26.06.2025 i.e. yesterday.
4. Since the appeal filed by the petitioner is now coming up for further
hearing before the concerned Court of learned Principal District & Sessions
Judge on 01.07.2025, the present petition is disposed of with direction that, in
the interregnum, no further precipitative step, with respect to further
demolition, be taken.
5. The Appellate Court i.e. the Court of learned Principal District &
Sessions Judge, Central would be at liberty to take up the abovesaid appeal on
01.07.2025 and would be at liberty to dispose of the matter in accordance with
law, after giving due opportunity of hearing to both the sides.
6. Needless to emphasize, the abovesaid order has been passed in view of
the peculiar facts of the case and there is no observation on merits of the case
as such.
7. The petition stands disposed of in aforesaid terms.
8. Pending applications, if any, also stand disposed of.
9. Copy of the order be given dasti under the signatures of Court Master.
MANOJ JAIN, J
(VACATION JUDGE)
JUNE 27, 2025/st/pb
Signature Not Verified
Digitally Signed W.P.(C) 8472/2025 2
By:SONIA THAPLIYAL
Signing Date:27.06.2025
20:13:27