✦ High Court of India · 23 Sep 2025

Delhi High Court · 2025

Case Details High Court of India · 23 Sep 2025

Court

High Court of India

Decided

23 Sep 2025

Bench

Not available

Length

1,495 words

Acts & Sections

DMC Act 1957 That further inspection in the present matter will be taken as per provisions of DMC Act 1957

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4318/2025 & CM APPL. 19986/2025, CM APPL. 34620/2025 MRS. AMIT KAUR ALIAS AMIT KAUR NARULA .....Petitioner Through: Mr. Amit Chadha, Sr. Adv. with Mr. R. K. Kohli, Mr. Rajat Kohli, Ms. Jyoti Kohli, Mr. Harjas Singh, Mr. Dhruv Tomar, Mr. Kartik Shoukeen, Mr. Eeshan Singh, Advocates (M:8130992877) versus THE STATE & ORS. .....Respondents Through: Mr. Abhinav Singh, Mr. Rishab Mittal, Advocates for GNCTD (M:9999434377) Ms. Shilpa Ohri, Advocate for R-2 & 4 (M:9871900539) Mr. Manish Kaushik, Mr. Ankit Batra, Mr. Yashpriya Sahran, Advocates for R-7 to 11 (M:9818218885) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 23.09.2025 1. The present writ petition has been filed by the owner of ground and mezzanine floors of property bearing No. M-527, Guru Harkrishan Nagar, District-West, New Delhi-110087, alleging unauthorized construction on the First Floor, Second Floor and terrace of the Second Floor of the said property. 2. Learned counsel appearing for the respondent-Municipal Corporation of Delhi (“MCD”), has drawn the attention of this Court to the first Status 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 04/10/2025 at 15:46:55 Report dated 13th May, 2025 filed on behalf of the MCD, relevant portions of which, read as under: “xxx xxx xxx 5. That it is pertinent to mention here, that the property in question M-527, Guru Harkishan Nagar, Delhi 110087 was inspected by area JE(B) and during the said inspection unapproved/without permission illegal renovation work of first floor, second floor & third floor was found in the shape of renovation of the first floor, second floor and third floor by removing key structural elements/load bearing walls without any sanction/ approved / addition / alteration plan and the same has been booked vide u/c file no. 33/UC/B-11/48/RZ/2025 dated 25.04.2025. That in continuation of the same show cause notice u/s 343 & 344 (1) of the DMC Act 1957, was issued vide printed No. 13311 dated 25.04.2025 to the owner occupier of the subject property. The owner has been given the opportunity of reply, which shall be examined and further action shall be taken as per the provisions of the DMC Act, 1957. That further inspection in the present matter will be taken as per provisions of DMC Act 1957. 6. That it is relevant to mention here, that the petitioner before the Hon'ble Court has himself carried out illegal encroachment of the MCD Park in the form of illegal kitchen / motor connection which have been developed in the MCD Park adjacent to the Plot No. M-527 Guru Harkishan Nagar, Delhi 110087. That for removal of the said encroachment a letter has been issued to Dy. Director Horticulture, Department, Rohini Zone vide letter No. AE(B)II/RZ/2025/56 dated 24.04.2025 for removal of said encroachment from the MCD Park. Copy of the said letter dated 24.04.2025 is hereby annexed as ANNEXURE-A. That is the petitioner has not come to the court with clean hands. xxx xxx xxx” 3. Perusal of the aforesaid Status Report shows that the property in question was inspected by the concerned officials of the MCD, after which, the same was booked for unauthorized construction. 4. Further, the owner/occupier of the aforementioned floors, i.e., respondent nos. 7 to 10, were granted an opportunity of filing reply. 5. Learned counsel for the MCD has handed over to this Court a subsequent Status Report dated 21st September, 2025, which is taken on 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 04/10/2025 at 15:46:55 record. 6. As per the said Status Report, a speaking order dated 19th September, 2025 has been passed by Assistant Engineer (B)-II, Rohini Zone, MCD, wherein, it is noted that the construction being carried out by the owner/occupier of the First Floor and Second Floor of the property in question, was in the nature of repair and renovation in terms of the Section 6.4.1 of the Unified Building Bye-Laws 2016 (“UBBL-2016”). 7. The relevant portions of the Status Report dated 21st September, 2025 filed by the MCD, read as under: 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 04/10/2025 at 15:46:55

8. Along with the aforesaid Status Report, speaking order dated 19th September, 2025 has also been attached, which reads as under: 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 04/10/2025 at 15:46:55

9. Perusal of the aforesaid Status Report and the speaking order shows that the MCD has categorically stated that the renovation activity is being done within the boundaries/limitation of the old house/premises. Further, the 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 04/10/2025 at 15:46:55 owner/occupier of the First and Second Floors of the property in question is doing the internal repair/renovation work, besides ensuring the structural stability. 10. Further, the residents of both the Ground Floor as well as the First Floor were also directed to get their properties regularized, in case of any excess coverage. 11. This Court also takes note of the submission made by learned Senior Counsel appearing for the petitioner that the MCD itself had issued a Work Stop Notice dated 15th April, 2025 to the Station House Officer (“SHO”), Police Station–Paschim Vihar West, Delhi. He, thus, submits that when it was the own stand of the MCD that there was unauthorized construction, the MCD cannot, at a later stage, change its stand. 12. However, this Court takes note of the submission made by learned counsel for the respondent-MCD, upon instructions from the Assistant Engineer (B)-II, Rohini Zone, who is present in Court, that the MCD, in view of its speaking order dated 19th September, 2025, has already withdrawn the earlier Show Cause Notice issued by it. 13. Having heard learned counsels for the parties, once it is the clear stand of the MCD that the construction work being carried out in the property in question on the First and Second Floors, and on the terrace of the Second Floor, was only in the nature of renovation/repair, no orders are required to be passed by this Court. 14. This Court also takes note of the stand of the MCD that in case of any compoundable excess coverage, the property in question, can be regularized. 15. Accordingly, the respondent nos. 7 to 11, are directed to file an application for regularization with the MCD, within a period of four weeks, from today. 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 04/10/2025 at 15:46:55

16. Upon the application being filed by the respondent nos. 7 to 11, the same shall be decided with by the MCD. 17. In case of any non-compoundable deviations/excess coverage, the same shall be duly removed by the said respondents. 18. In case, the said non-compoundable deviations/excess coverage are not removed by the said respondents, the MCD shall be at liberty to take action, in accordance with law. 19. Likewise, owner/occupier of the Ground Floor of the property in question is also directed to file an application for regularization with the MCD. In case of any non-compoundable deviations/excess coverage, the same shall be duly removed by the owner/occupier of the Ground Floor. 20. In case, the requisite action is not taken by the owner/occupier of the Ground Floor, the MCD shall be at liberty to take action, in accordance with law. 21. After the non-compoundable deviations/excess coverage, are removed by the respective parties, i.e., the petitioner and the respondent nos. 7 to 11, the MCD shall inspect the whole property. 22. In case, the MCD is satisfied that no excess coverage or non-compoundable deviations exist in the property in question, the MCD shall proceed to pass orders for regularization of the property. 23. With the aforesaid directions, the present writ petition, along with the pending applications, is disposed of. MINI PUSHKARNA, J SEPTEMBER 23, 2025/au

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