Vijay Pal Vs Municipal Corporation of Delhi & Anr.

The present writ petition has been filed challenging the communication/order dated 22^nd August, 2025, issued by the Assistant Engineer (Bldg.), Najafgarh Zone, by way of which, respondent no. 2 has rejected the application for regularization filed by the petitioner in relation to the construction in the portion admeasuring 200 sq. yds. out of the property situated in Khasra No. 481 & 484, Gali No. 12, Road No. 4, Village Mahipalpur, New Delhi-110037 .

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Learned counsel appearing for the petitioner submits that the petitioner had applied for regularization with the respondent authority, pursuant to which, a letter dated 15^th July, 2025 was issued by the Municipal Corporation of Delhi (“MCD”), wherein, certain documents were sought by the MCD from the petitioner.

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It is submitted that, however, the said letter dated 15^th July, 2025 was

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:1 0.11.2025 17:25:26

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never communicated to the petitioner and the same was physically handed over to the petitioner on 02^nd August, 2025, when he visited the office of the respondent-MCD.

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It is the case of the petitioner that soon after receipt of the letter dated 15^th July, 2025, the petitioner sought to collect documents as required by the MCD vide the said letter. For this purpose, the petitioner had also approached the revenue authorities for providing certain documents as sought by the MCD.

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It is submitted that without waiting for the petitioner to deposit the requisite documents, the action for demolition was carried out by the MCD on 29^th August, 2025. 6. It was only upon the petitioner visiting the office of the MCD on 01^st September, 2025, that the petitioner was handed over copy of the order dated 22^nd August, 2025, by which, the petitioner’s application for regularization had been rejected by the MCD for want of documents.

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Learned counsel appearing for the petitioner submits that neither any hearing was granted to the petitioner, nor sufficient time was afforded to the petitioner for depositing the requisite documents. Thus, without any proper opportunity to the petitioner, the application of the petitioner for regularization was rejected by the respondent-MCD.

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Further, since the said rejection order was not supplied to the petitioner, the petitioner could not avail the opportunity of challenging the said rejection order.

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Thus, the present writ petition has been filed with a prayer seeking directions to the MCD to consider the documents as sought by the MCD by its letter dated 15^th July, 2025, which have now been collected by the

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petitioner.

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Responding to the submissions of the petitioner, learned counsel appearing for respondent-MCD submits that the application for regularization was rightly rejected in the absence of submission of the requisite documents by the petitioner.

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Having heard learned counsels appearing for the parties, this Court notes that vide letter dated 15^th July, 2025, an invalid notice was issued by the Office of the Executive Engineer, Building Department, Najafgarh Zone, which reads as under:

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“

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”

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This Court further notes the submission of learned counsel appearing for the petitioner that the requisite documents are now in possession of the petitioner.

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Accordingly, it is directed that the petitioner shall deposit the requisite documents with the MCD, within a period of ten days from today.

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Upon the petitioner depositing the said documents, the MCD shall duly consider the said documents.

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The petitioner shall also be granted a hearing at the time of considering the documents of the petitioner. If further documents are required, due opportunity shall be granted to the petitioner to deposit the further documents.

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Accordingly, the impugned order dated 22^nd August, 2025 is hereby set aside, and the application of the petitioner for regularization is restored. 17. Till the pendency of the regularization application of the petitioner before the MCD, it is directed that no coercive action shall be taken against the property of the petitioner.

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Signature Not Verified

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Digitally Signed By:HARIOM SHARMA Signing Da te:1 0.11.2025 17:25:26

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