Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: A.No. 680/26
Bhagyashree & Anr. Vs. MCD
14.10.2026
Present : 	Sh. Sunil Choudhary, Ld counsel for the appellants joined
through VC.
Sh. Ashutosh Gupta, Ld counsel for the respondent.
1. Photocopy of the MCD record stated to be received by
the counsel on whatsapp has been placed on record
and it is stated that the original record shall be
produced on the next date of hearing.
2. Ld. counsel for the appellant has prayed for interim
relief. Arguments heard on the interim application.
3. The appellants have challenged the demolition order
dated 16.07.2026 and it is argued for the appellants
that as per this order the respondent issued letters for
personal hearing for 23.06.2026 and 10.07.2026 but
the appellant never received any such communication
and no personal hearing was provided which was
specifically asked by the appellants in reply to the
show cause notice and therefore the appellants are
entitled to interim protection. Ld, counsel for the
appellants in this regard relied upon an electricity bill
showing date of energization as 16.02.2011 to claim
that the construction is prior to 01.06.2014 and
Contd…2/-
-- 1 of 3 --
: 2 :
protected under National Capital Territory of Delhi
Laws (Special Provision) Second Amendment Act,
2011.
4. Ld. counsel for the respondent on the other hand
argued that the proof of service of the personal
hearing letters shall be produced on the next date of
hearing but the appellants have no prima-facie case
as the property was booked at the stage of ongoing
construction and further even the purported title
documents of the appellants show that she purchased
only a plot on 27.09.2022.
5. At the interim stage, the appellants are required to
show a prima-facie case, balance of convenience and
irreparable loss. The so called title document of the
appellants show that they purchased a plot No.677,
Agricultural land measuring 100 sq.yds from one
Dharmendra Kumar on 27.09.2022. When the
appellants purchased an agricultural plot in
September, 2022, the question of construction being
old and prior to 01.06.2014 does not arise.
6. Coming to the electricity bill. This electricity bill is in
the name of M/s. Darshan Investment Pvt. Ltd.
through Director Karan Luthra installed at Khasra
No.1784/1, 1798/2, 1799, 1800, 1816/2 and 1819/2.
Aya Nagar, New Delhi-110074. How this bill is related
Contd… 3/-
-- 2 of 3 --
: 3 :
to the property of the appellants has not been shown.
7. The appellants purchased the plot from Dharamendra
Kumar situated in Khasra No.1784/2 which is not
mentioned in the address given in the electricity bill.
The appellants cannot take any benefit from this bill.
8. As far as the aspect of receiving letters for personal
hearing are concerned, the MCD has sought time to
produce the proof thereof and otherwise also the
personal hearing cannot be claimed as a matter of
right and whether personal hearing is required
depends upon the facts of the case.
9. In view of the same there is no prima-facie case in
favour of the appellants. The interim application is
dismissed. Nothing said hereinabove shall tantamount
to have any expression on the merits of the case.
Put up for arguments on appeal on 18.02.2027.
(AMIT KUMAR)
Addl. District & Sessions Judge
P.O.: Appellate Tribunal, MCD
14.10.2026
-- 3 of 3 --