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Delhi HC Restrains MCD from Acting Against ‘Mahabelly Canteen’ till Adjudication of Premise Misuse Notice to be Treated as Show Cause Notice

Delhi HC Restrains MCD from Acting Against ‘Mahabelly Canteen’ till Adjudication of Premise Misuse Notice to be Treated as Show Cause Notice

M/s Fenn and Jacob Associates LLP v. Municipal Corporation of Delhi [Decided on 07-09-2026]

Delhi HC MCD Show Cause Notice

In a writ petition filed before the Delhi High Court seeking setting aside of a Notice dated 01-09-2026 issued by the Municipal Corporation of Delhi (MCD) under Section 345-A of the Delhi Municipal Corporation Act, 1957, a Single Judge Bench of Justice Amit Bansal directed the impugned notice to be treated as a show cause notice upon the petitioner.

The petitioner operated a restraint by the name ‘Mahabelly Canteen’ at Westend Marg, Saidulajab, New Delhi, and was aggrieved by the said notice dated 01-09-2026, which was pasted on the petitioner’s premises on 02-09-2026 whereby it was directed to stop the alleged misuse of the premises within 48 hours, failing which actions would be taken. It was submitted that the petitioner had obtained statutory licenses, including a Health Trade License dated 14-07-2026 issued by the MCD itself, granting permission for running the restaurant at the said premises.

The Court opined that the impugned notice be treated as a show cause notice to the petitioner and granted the petitioner two weeks’ time to reply to the same. The MCD was directed to adjudicate the said notice as per law and to not take any coercive step against ‘Mahabelly Canteen’ at the said premises until a decision is taken and communicated to the petitioner.

Thus, the petition was disposed of.

Appearances

For Petitioner – Dr. Amit George, Mr. Rajnish Kumar Jha, Mr. Nishant Kumar Srivastava, Mr. Faiyazul Haque, Ms. Dolli Bhardwaj, Mr. Vaibhav Gandhi, Ms. Tanushree Gupta and Mr. Naman Sharma

For Respondent – Mr. Shivam Sachdeva (ASC), Mr. Yash Agrawal, Mr. Amit Kumar

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M/s Fenn and Jacob Associates LLP v. Municipal Corporation of Delhi

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