Allowed

Sunil Bagai & Anr. v. Municipal Corporation of Delhi & Ors.

Delhi HC14 Oct 2025W.P.(C)/14254/2025

Case brief

AI extract

What is this about?

Petitioners sought instructions for pruning overgrown trees obstructing sunlight at their DDA flat. The Court observed that pruning was performed, noting insufficient upper-side trimming initially. It directed annual pruning in October post-forestry permission to ensure unhindered sunlight.

What did the court decide?

Directed MCD to prune trees annually in October after Forest Department permission to ensure unhindered sunlight for petitioners.

Sunil Bagai & Anr. Vs Municipal… — Constitutional and Fundamental Rights | Delhi HC (2025)

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$~51

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 14254/2025

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SUNIL BAGAI & ANR. .....Petitioners

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Through: Petitioners-in-person (M:9810225747)

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents

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Through: Mr. Shiven Varma, Advocate for Forest Department (M:9810768282) Mr. Anil Sharma, Mr. Puneet Yadav, Advocates for DDA (M:9999388384)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R 14.10.2025

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The present writ petition has been filed seeking directions to respondent nos. 1 to 6, to immediately take action to prune and trim the three overgrown trees, particularly, a hugely overgrown Neem Tree located at the East/front and South-West side behind petitioners’ DDA Flat No. C- 8/8235 (FF), Vasant Kunj, New Delhi-110070 .

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Learned counsel for the respondent-Municipal Corporation of Delhi (“MCD”), had handed over photographs of the pruning work, which has been done by the MCD. The photographs taken before and after the pruning work undertaken by the MCD, are reproduced as under:

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Page 1 of 8

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W.P.(C) 14254/2025

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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 25/10/2025 at 12:12:01

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BEFORE

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Page 2 of 8

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W.P.(C) 14254/2025

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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 25/10/2025 at 12:12:01

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W.P.(C) 14254/2025

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Page 3 of 8

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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 25/10/2025 at 12:12:01

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AFTER

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Page 4 of 8

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W.P.(C) 14254/2025

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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 25/10/2025 at 12:12:01

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W.P.(C) 14254/2025

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Page 5 of 8

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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 25/10/2025 at 12:12:01

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At this stage, petitioner appearing in person, submits that pruning has been done only on the lower side of the tree. However, the pruning ought to

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W.P.(C) 14254/2025

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Page 6 of 8

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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 25/10/2025 at 12:12:01

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be done on upper side of the tree as well, so that sunlight comes unhindered to the flats of the petitioners.

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Responding to the same, learned counsel for the respondent-MCD has shown a video to this Court, which clearly shows that proper sunlight comes to the flat of the petitioners.

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Accordingly, considering the submissions made before this Court, it is manifest that appropriate action has been taken by the MCD.

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Learned counsel appearing for Forest Department Government of NCT of Delhi (“GNCTD”) submits that permission dated 08^th October, 2025 was granted to the MCD, pursuant to which requisite action was taken by the MCD.

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Accordingly, considering the need expressed by the petitioner, who appears in person, for unhindered sunlight to his flat, MCD is directed to take requisite steps every year in the month of October for pruning of tree, after taking requisite permission from the Forest Department, GNCTD.

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The MCD is directed that every year in the last week of September, an application shall be made to the Forest Department, GNCTD seeking permission for pruning of the tree around the flat of the petitioners in question. After the receipt of requisite permission, action with regard to pruning of the tree, shall be undertaken by the MCD in October every year.

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The Forest Department, GNCTD, is directed to grant requisite permission to the MCD for pruning work, as and when, the said permission is sought by the MCD.

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It is clarified that the present order has been passed in the peculiar facts and circumstances of the present case.

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Page 7 of 8

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W.P.(C) 14254/2025

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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 25/10/2025 at 12:12:01

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With the aforesaid directions, the present writ petition is accordingly, disposed of.

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MINI PUSHKARNA, J

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OCTOBER 14, 2025/ au

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Page 8 of 8

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W.P.(C) 14254/2025

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Sunil Bagai & Anr. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Sunil Bagai & Anr. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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