Home Economics Education Society & Anr. Vs Municipal Corporation of Delhi — Delhi HC (2025) — LawSathi Research

Home Economics Education Society & Anr. Vs Municipal Corporation of Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CM APPL. 8686/2026 (exemption) allowed subject to all just exceptions; CM APPL. 9000/2026 (restoration application) disposed of with liberty to the petitioners to invoke the statutory remedy of appeal before the ATMCD within one week; ATMCD directed to list the appeal within one week of filing; no coercive steps by respondent/MCD till the appeal is listed before the ATMCD.

Issue for consideration

Whether the writ petition disposed of by order dated 16.12.2025 should be restored/revived by way of CM APPL. 9000/2026. +2 more

Court's answer

The restoration application (CM APPL. 9000/2026) is disposed of, giving the petitioners liberty to invoke the statutory remedy of appeal before the ATMCD within one week from the date of the order.

Ratio / Principle

CM APPL. 8686/2026 (exemption) is allowed, subject to all just exceptions.

Key takeaways

Upon the appeal being filed by the petitioners, the ATMCD shall list the appeal within one week thereafter.ratio¶28
No coercive steps shall be taken by the respondent/MCD till the appeal is listed before the ATMCD.ratio¶32

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J.), order dated 07.02.2026, on restoration application CM APPL. 9000/2026 in W.P.(C) 19074/2025 (Home Economics Education Society & Anr. v. Municipal Corporation of Delhi). The writ petition had been disposed of by order dated 16.12.2025, which noted a demolition order dated 08.12.2025 and granted liberty to remove/rectify the tin shed within six weeks. Petitioners claimed the shed was duly rectified pursuant to their undertaking; MCD, after site inspection, took the stand that it was not rectified, and the petitioners' grievance was that MCD proposed fresh demolition action. The Court disposed of the restoration application, granting liberty to invoke the statutory remedy of appeal before the Appellant Tribunal, MCD ('ATMCD') within one week; directed the ATMCD to list the appeal within one week of its filing; and ordered that no coercive steps be taken by MCD till the appeal is listed. CM APPL. 8686/2026 (exemption) was allowed subject to all just exceptions.

$~8

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM APPL. 8686/2026 with CM APPL. 9000/2026 IN

- W.P.(C) 19074/2025

HOME ECONOMICS EDUCATION SOCIETY

& ANR. .....Petitioners Through: Mr. Sandeep Sharma, Senior Advocate with Mr. Vikas Sharma & Mr. Ankit Parindiyal, Advocates.

Versus

MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Kapil Dutta, Standing Counsel for MCD

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R % 07.02.2026

CM APPL. 8686/2026 (exemption)

Allowed, subject to all just exceptions.

CM APPL. 9000/2026

The present application has been filed by the petitioner seeking restoration/ revival of the present writ petition which was disposed of by this Court vide order dated 16^th December, 2025.

This Court vide order dated 16^th December, 2025 had noted that a demolition order dated 8^th December, 2025 had been passed.

It was submitted on behalf of the petitioners on the said date that they

Page 1 of 3

W.P.(C) 800/2026

This 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 10/02/2026 at 13:05:41

were ready to remove the offending structure, i.e. , tin shed at the subject property by themselves.

Accordingly, the present writ petition was disposed of with liberty to the petitioners to remove/ rectify the tin shed existing on the ground in question within six (6) weeks.

Mr. Sandeep Sharma, senior counsel appearing on behalf of the petitioner, submits that pursuant to the said undertaking given by the petitioners, the tin shed was duly rectified.

The grievance of the petitioner is that the respondent/ MCD is proposing to take fresh demolition action in respect of the existing structure.

Mr. Kapil Dutta, standing counsel appearing on behalf of the respondent/ MCD, submits that the site in question was inspected by the respondent/ MCD and the tin shed was not rectified, as per the statement given by the petitioner.

Mr. Sharma, on instructions, submits that the petitioners are willing to invoke their statutory remedy and approach the Appellant Tribunal, MCD (hereinafter ‘ATMCD’) within one (1) week from today.

He prays that no coercive steps be taken by the respondent/ MCD for a period of one (1) week from today.

Accordingly, the present application is disposed of giving liberty to the petitioners to invoke the statutory remedy of appeal before the ATMCD within one (1) week from today.

It is further directed that upon the appeal being filed by the petitioners, the same shall be listed by the ATMCD within one (1) week thereafter.

Page 2 of 3

W.P.(C) 800/2026

This 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 10/02/2026 at 13:05:41

No coercive steps shall be taken by the respondent/ MCD till the appeal is listed before the ATMCD.

AMIT BANSAL, J

FEBRUARY 7, 2026/ at

Page 3 of 3

W.P.(C) 800/2026

This 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 10/02/2026 at 13:05:41