Rajiv Ghai Vs Municipal Corporation of Delhi — Delhi HC (2026) — LawSathi Research

Rajiv Ghai Vs Municipal Corporation of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Demolition order dated 05.02.2026 and show cause notice dated 06.02.2026 for sealing set aside; MCD directed to strictly proceed in terms of the Supreme Court judgment after considering the petitioner's replies to the show cause notices and after giving a personal hearing to the petitioner.

Issue for consideration

Whether the demolition order dated 05.02.2026 passed by MCD was vitiated by violation of the principles of natural justice, having been passed without consideration of the petitioner's replies, including the reply dated 21.01.2026. +1 more

Court's answer

On perusal of the impugned order dated 05.02.2026, the Court found that it records that no reply has been filed by the petitioner, notwithstanding the replies on record.

Ratio / Principle

In light of the submissions, the impugned demolition order dated 05.02.2026 as well as the show cause notice dated 06.02.2026 for sealing the property are set aside.

Key takeaways

The writ petition is disposed of directing respondent/MCD to strictly proceed in terms of the directions in the Supreme Court judgment ((2025) 5 SCC 1) after considering the petitioner's replies to the show cause notices and after giving a personal hearing to the petitioner.ratio¶17

Detailed headnote1 paragraphs

Writ Petition (Civil) disposed of by the High Court of Delhi (Amit Bansal, J.) on 19.02.2026. The petitioner challenged a demolition order dated 05.02.2026 passed by the Municipal Corporation of Delhi under Section 343 of the Delhi Municipal Corporation Act, 1957 and a show cause notice dated 06.02.2026 issued under Section 345-A of the DMC Act for sealing the property. The grievance was that the demolition order was passed in complete violation of the principles of natural justice: the impugned order recorded that no reply had been filed although the petitioner had filed replies, including one dated 21.01.2026 (Annexure P-4), and no personal hearing was granted, contrary to the directions of the Supreme Court in Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1. Holding: the demolition order dated 05.02.2026 and the sealing show cause notice dated 06.02.2026 were set aside, and MCD was directed to strictly proceed in terms of the Supreme Court judgment after considering the petitioner's replies to the show cause notices and after giving a personal hearing to the petitioner.

$~46

* IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 2396/2026 & CM APPL. 11699-11700/2026

RAJIV GHAI .....Petitioner Through: Ms. Smiti Verma & Mr. Beleena Biju, Advocates.

versus

MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Rakesh Malhotra, Mr. Bharat Malhotra, Mr. Taksh Suri & Ms. Smritika Kesri, Advocates for MCD.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 19.02.2026

The present writ petition has been filed seeking setting aside of the demolition order dated 5^th February, 2026 passed by the respondent/MCD under Section 343 of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) and also the show cause notice dated 6^th February, 2026 issued under Section 345-A of the DMC Act for sealing of the property.

The grievance of the petitioner is that demolition order has been passed by the respondent/MCD in complete violation of the principles of natural justice in as much as the impugned orders have been passed without consideration of the replies filed by the petitioner including the reply filed on 21^st January, 2026 (Annexure P-4 to the petition).

A perusal of the impugned order dated 5^th February, 2026 shows that it records that no reply has been filed by the petitioner.

Counsel for the petitioner submits that the order has been passed in

Page 1 of 2

W.P.(C) 2396/2026

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 24/02/2026 at 12:35:33

violation of the judgment of the Supreme Court in Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1 , inasmuch as, no personal hearing has been given to the petitioner before passing the demolition order.

In light of the aforesaid submissions, the impugned demolition order dated 5^th February, 2026 as well as the show cause notice dated 6^th February, 2026 for sealing the said property, is set aside.

The writ petition is disposed of vide directing respondent/MCD to strictly proceed in terms of directions given in the aforesaid judgment of the Supreme Court after considering the replies filed by the petitioner to the show cause notices and after giving a personal hearing to the petitioner.

AMIT BANSAL, J

FEBRUARY 19, 2026/ ng

Page 2 of 2

W.P.(C) 2396/2026

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 24/02/2026 at 12:35:33