11-September-2025 Civil Writ Petition >> Civil & Consumer Law  

In Waseem Ahmed Vs Municipal Corporation of Delhi, the petitioner presented a writ petition to have set aside and quashed a Demolition Order of 8th August 2025, against the third floor of property No. 9191, Gali Zameer Wali, Nawab Ganj, Azad Market, Delhi. The petitioner contended that the demolition order was passed without his notice and that the whole building, including the third floor, was erected in 2002, much prior to the cutoff date specified under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. Further, the petitioner had recently bought the property in June 2025.

The petitioner only recently became aware of the demolition order and claimed that despite it applying only to the third floor, the floor itself was old construction. The petitioner sought limited relief because the Appellate Tribunal of the Municipal Corporation of Delhi (ATMCD) currently lacked a presiding officer, hindering immediate appeal.
 

 
The Municipal Corporation of Delhi (MCD) made the submission that a civil case in respect of the property is pending, and that inspections verified unauthorised construction on the third and fourth floors. After these proceedings, the demolition order was passed in accordance with due process.

The court instructed the petitioner to move an appeal before the ATMCD within two weeks and issued interim protection against any coercive demolition in the meantime. If ATMCD did not have a presiding officer when the appeal was moved, the protection would remain until the next date of availability. The petitioner would have to make an additional application for hearing when the presiding officer takes charge.

The court made it clear that this protection was temporary, meant solely to facilitate the appellate process, and did not express any view on the merits of the demolition case. All rights and claims were reserved. The writ petition and connected applications were disposed of with these orders.