$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010506592026 + W.P.(C) 15552/2026, CM APPL. 72933/2026, CM APPL. 72934/2026 SMT JYOTI GUPTA AND ANR . .....Petitioners Through: Mr. Prag Chawla, Advocate versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Akhil Mittal SC, Ms. Riddhi Jain and Ms. Shayna Das Pattanayak, Advocates for MCD (9212504099) CORAM: HON'BLE MR.
JUSTICE SAURABH BANERJEE O R D E R % 16.10.2026 1. By virtue of the present petition under Article 226 of the Constitution of India, the petitioner seeks following reliefs: “a) Issue an appropriate writ, order or direction directing the Respondents to disclose and furnish to the Petitioners copies of any show-cause notice, demolition order, sealing order or other coercive order, if any, passed in respect of Properties Nos. 180 and 181, Block H-1, Pocket-I, Sector-11, Rohini, Delhi-110085, together with the relevant particulars and the date of such order(s); b) Direct the Respondents not to undertake any demolition action in respect of the aforesaid properties, or the portions claimed by the Petitioners, pending disclosureThis is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2026 at 13:50:13 and service of the relevant order(s) and for such reasonable period thereafter as this Hon'ble Court may deem fit to enable the Petitioners to avail themselves of the appropriate statutory remedy; c) Direct the Respondents to maintain status quo with respect to the existing physical position of the aforesaid properties, insofar as the threatened demolition action is concerned, during the period of interim protection granted by this Hon'ble Court; d) Pending disposal of the present petition, pass an ad interim order directing the Respondents, their officers, employees, agents and persons acting on their behalf not to demolish or alter the existing physical position of the properties in question pursuant to any undisclosed order, until further orders of this Hon'ble Court; e) In the alternative, direct the Respondents to place before this Hon'ble Court the complete relevant municipal record, including any notice, demolition order, proof of service and proposed action report concerning the aforesaid properties, and grant such interim protection as may be necessary to enable the Petitioners to pursue the remedy available under law; f) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, in the interest of justice.” 2.
At the outset, learned counsel for the MCD has handed over a compilation of documents, inter alia, comprising of the Show-Cause Notice dated 29.02.2024, the subsequent Demolition Order dated 02.05.2024, and lastly the Speaking Order dated 07.06.2024 passed by the learned Appellate Tribunal, MCD (ATMCD) in Appeal No. 350/ATMCD/2024, entitled ‘Ms. Ayushi Gupta through her Attorney Smt. Jyoti Gupta v. MCD’ preferred against the Demolition Order datedThis is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2026 at 13:50:13 02.05.2024, which are all taken on record.
3. Relying thereon, learned counsel for the MCD submits that the petitioners have approached this Court with unclean hands by deliberately suppressing vital material facts and making incorrect averments in the present petition to the effect that she had neither received the Show-Cause Notice nor the subsequent Demolition Order.
He, relying thereon, submits to the contrary that the petitioners had in fact duly received the Show- Cause Notice and the Demolition Order. For this, he drew the attention of this Court to the signatures of the petitioner no.1 appearing on the Show- Cause Notice which are identical to those appearing on the photocopy of the Sale Deed annexed with the present petition. He lastly submits that it is the petitioner no.1 who herself had also challenged the Demolition Order before the ATMCD, and which has already been dismissed vide Speaking Order dated 07.06.2024.
4.
In response thereto, learned counsel for the petitioner fairly admits that he was unaware of the aforesaid position and the documents placed by the learned counsel for the MCD.
5. Based on the aforesaid submissions, as also the materials filed before this Court, particularly, (i) the Show-Cause Notice dated 29.02.2024 which contains the identical signature of petitioner no.1 as that appearing on the Sale Deed dated 30.05.2017 annexed with the present petition, and (ii) the Speaking Order dated 07.06.2024 passed by the ATMCD wherein the Demolition Order dated 02.05.2024 was challenged by the petitioner no.1, this Court is of the considered opinion that the assertions made/ grounds raised herein are completely contrary to the facts on record, and the petitioners were always not only aware of proceedingsThis is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2026 at 13:50:13 under the MCD Act had also participated therein, and in fact taken due steps in course thereof as well.
6. This Court also finds that though the signatures of the petitioner no.1 in the two affidavits filed in the present petition is the same as that on the Sale Deed filed herewith, however, surprisingly the same is completely different from what is appearing on the vakalatnama.
7.
Considering the malafide conduct of the petitioners as borne out from the aforesaid, especially, since they have concealed/ withheld information which were always well within their knowledge to file the present writ petition and made false assertions and raised erroneous grounds therein, the present petition is dismissed in limine with costs of Rs.1,00,000/- (Rupees One Lakh Only) to be deposited with Delhi High Court Bar Association Lawyers Social Security and Welfare Fund [A/C 155530100009730; IFSC UCBA0001553] within a period of two weeks.
8.
List on 03.11.2026 before the learned Registrar for compliance. SAURABH BANERJEE, J OCTOBER 16, 2026/SoThis is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2026 at 13:50:13