Deepak Kasana & Anr. Vs South Delhi Municipal Corporation

The present petition under Article 227 of the Constitution of India has been filed on behalf of the petitioners seeking setting aside of the impugned orders dated 06.02.2026 and 12.05.2026 passed by the learned Appellate Tribunal, MCD, Tis Hazari Court, (Central), New Delhi to the extent of cost of Rs.10,000/- imposed on the petitioners.

¶19

The genesis of the underlying proceedings arises from two show cause notices received by the petitioners on 18.11.2014 and 09.12.2014 regarding unauthorized constructions on the second floor in the subject

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This is a digitally signed order.

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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 23/07/2026 at 11:39:08

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property, which led to the sealing of the second floor and the terrace on 20.04.2015. Aggrieved, the petitioners preferred an appeal before the learned Appellate Tribunal MCD, Delhi seeking setting aside of the sealing order dated 20.04.2015. Due to repeated adjournments, the appeal, on 24.03.2022, came to be dismissed in default, however, the same came to be restored on 15.02.2023 by the learned Appellate Tribunal, MCD upon payment of ₹5,000 as costs.

¶23

The appeal however, yet again, came to be dismissed in default on 17.11.2025. The petitioners on 18.12.2025 preferred an application seeking restoration of the appeal, contending that their counsel was otherwise occupied in a matter before this Court. The learned Appellate Tribunal, on 06.02.2026, while noting that the application was filed after an unexplained delay of one month, restored the appeal upon payment of ₹10,000.

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The petitioners thereafter filed an application under section 151 CPC seeking waiver of the cost imposed vide order dated 06.02.2026. The application came to be dismissed vide order dated 12.05.2026, whereby the learned Appellate Tribunal noted that no grounds for waiver had been made out, and directed the deposit of the cost before the registry of the Tribunal.

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The learned counsel for the petitioners has sought waiver of the cost by submitting that the cost of ₹10,000 is exorbitant, and the petitioners have already had to pay ₹5,000 as costs for revival of their appeal on 15.02.2023. She submits that repeated payment of costs will cause great prejudice to the petitioners.

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Heard. Perused the records.

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This Court is of the considered view that a balance needs to be struck between deterrence of the practice of repeated absence from court and the

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This is a digitally signed order.

¶29

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 23/07/2026 at 11:39:08

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substantial rights of the litigant.

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Accordingly, the order dated 06.02.2026 is modified to the extent that the cost payable to the registry of the Ld. Appellate Tribunal is reduced to ₹5,000/-. Let the same be paid within one week.

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It is made clear that this Court has not expressed its opinions on the merits of the case.

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The present petition along with pending application(s), if any, is disposed of.

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AJAY DIGPAUL, J

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JULY 21, 2026 /ar/sg

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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 23/07/2026 at 11:39:08

Deepak Kasana & Anr. v. South Delhi Municipal Corporation

Case brief

What is this about?

What did the court decide?

Deepak Kasana & Anr. v. South Delhi Municipal Corporation

Case brief

What is this about?

What did the court decide?

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What the court decided

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