Writ petition over alleged unauthorized construction on co-owned property at Vasant Kunj. Demolition orders existed and respondents applied for regularization. Court directed MCD to inspect for removal of non-compoundable deviations in January 2025 and decide regularization within four weeks thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DR VANGA SIVA REDDY AND ANR .....Petitioners Through: Mr. Manish Sharma and Ms. Jigyasa Sharma, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Ajjay Aroraa, Mr. Kapil Dutta, Mr. Nitish Dubey and Mr. Vansh Luthra, Advocates for MCD. Mr. Srikanth Hariharan, Mr. Paripoorn Singh and Mr. Rachit Khandelwal, Advocates for R-2. Mr. Manish Aggarwal, Advocates for R-3. SI Yogesh from P.S. V. K. North.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 11.11.2024
Page 1 of 4
W.P.(C) 9802/2024
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 13/11/2024 at 12:17:19
construction is being carried out by respondent Nos. 2 & 3, who are the owners of the basement, ground and first floor of the subject property. The contentions of the petitioners are disputed by respondent Nos. 2 & 3.
Page 2 of 4
W.P.(C) 9802/2024
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 13/11/2024 at 12:17:19
Page 3 of 4
W.P.(C) 9802/2024
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 13/11/2024 at 12:17:19
approach the civil court for resolution of ambiguity in the respected sale deed with regard to right to construct on the third floor. The parties are at liberty to do so, without prejudice to rights and contentions of the petitioner, as far as the validity of the order dated 04.10.2024 is concerned. If the petitioner chooses to avail of this remedy, they will also be entitled to seek interim relief in the proceedings before ATMCD/civil court. The contention of respondent Nos. 2 & 3 in this regard is tantamount to a challenge to the sanctioned plan granted by the MCD in favour of the petitioner. Respondent Nos. 2 & 3 will also be free to challenge the same before ATMCD in accordance with law.
PRATEEK JALAN, J
NOVEMBER 11, 2024 ‘ssc’/
Page 4 of 4
W.P.(C) 9802/2024
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 13/11/2024 at 12:17:19
2 issues framed by the court
How should MCD act on unauthorized construction at the subject property given pending demolition orders and a regularization application?
Whether the writ petition relief can be resolved by directing expeditious decision on the regularization application.
2 provisions across 2 enactments
Dr Vanga Siva Reddy and Anr
Municipal Corporation of Delhi
Respondent No. 2 (owner of basement, ground and first floor)
Respondent No. 3 (owner of basement, ground and first floor)
Prateek Jalan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
