Arpit Puri Vs New Delhi Municipal Council & Anr. — Delhi HC (2025) — LawSathi Research

Arpit Puri Vs New Delhi Municipal Council & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions: (i) NDMC to finalize its policy for dealing with unauthorized constructions in the shops in the market; (ii) upon finalization of the policy, requisite action against the unauthorized constructions in the different shops, including the shop in question; and (iii) meanwhile, if the petitioner applies for conversion of the property, NDMC not to raise misuser charges for the unauthorized construction in the shop for the time being. Petition and pending application disposed of, with no further orders for the time being.

Issue for consideration

Whether directions should be issued to respondent no. 1 (New Delhi Municipal Council) to take action against the illegal construction at the property bearing No. 24 in the market in question. +1 more

Court's answer

NDMC is directed to finalize its Policy to deal with the various unauthorized constructions existing in the shops in the market.

Ratio / Principle

As and when the NDMC Policy is finalized, requisite action shall be taken against the unauthorized constructions existing in the different shops, including the shop in question.

Key takeaways

In case it is presently the NDMC's policy not to take action against unauthorized constructions in the shops in the market, and the petitioner applies for conversion of the property, NDMC shall not raise any misuser charges for the unauthorized construction in the shop in question for the time being, as the relevant policy is yet to be finalized.ratio¶24

Detailed headnote1 paragraphs

W.P.(C) 2827/2023, Arpit Puri v. New Delhi Municipal Council & Anr. (High Court of Delhi, Mini Pushkarna, J., 16-09-2025, oral): Petition alleging illegal construction at property bearing No. 24 in a market (text corrupted; apparently Sarojini Nagar Market, New Delhi) — rear courtyard allegedly covered, toilet complex demolished, rear boundary wall converted into a shutter. NDMC relied on minutes dated 26.05.2008 of the Office of Minister of State for Urban Development, GoI, and a Show Cause Notice dated 29.04.2008, stating unauthorized constructions had long existed without action. Court directed NDMC to finalize its policy for dealing with unauthorized constructions in the market's shops, with requisite action to follow thereafter, including against the shop in question; until then, if the petitioner applied for conversion of the property, NDMC was not to raise misuser charges for the unauthorized construction in the shop. Petition and pending application disposed of; no further orders for the time being.

$~28

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision:16^th September, 2025

- W.P.(C) 2827/2023 & CM APPL. 10916/2023

ARPIT PURI .....Petitioner

Through: Mr. Raghav Sabharwal and Mr. Raghav Malhotra, Advs.

versus

NEW DELHI MUNICIPAL COUNCIL & ANR. .....Respondents Through: Mr. Jasman Singh Sethi, Sr. Municipal Counsel Mr. N.P. Singh and Mr. Vinay Kaushik, Advs. for R-2

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL)

The present petition has been filed seeking directions to the respondent no. 1, i.e., New Delhi Municipa action against the illegal construction in the property bearing No. 24,

n Ng i oj ar S Market wDlhi, N e - 23 10 .

Learned counsel appearing for the petitioner submits that as per the Line Plan of the market in question, shops are existing in the ground floor, while residential accommodations exists in the first floor of the shops in the said market area.

He submits that in the shop in question, the rear courtyard has been illegally covered, and the toilet complex has been demolished, in order to use it as a separate shop. He further submits that the rear boundary wall has also been converted into a shutter.

W.P.(C) 2827/2023 Page 1 of 4

At this stage, learned counsel appearing for NDMC draws the attention of this Court to the minutes of the meeting dated 26^th May, 2008, issued by the Office of Minister of State for Urban Development, Government of India, which reads as under:

Learned counsel appearing for the NDMC also draws the attention of

W.P.(C) 2827/2023 Page 2 of 4

this Court to a Show Cause Notice dated 29^th April, 2008, which is reproduced as under:

By referring to the aforesaid documents, learned counsel appearing for the NDMC submits that unauthorized construction has been existing in the property in question for a long time, and that no action is being taken pursuant to the aforesaid direction by the Ministry.

Accordingly, the NDMC is directed to finalize its Policy to deal with the various unauthorized constructions existing in the shops in the n Saroj i

W.P.(C) 2827/2023 Page 3 of 4

As and when the Policy of the NDMC with regard to taking action against the various shops in n N i Saroj gr Market a is finalized, requisite action shall be taken against the unauthorized constructions existing in the different shops, including, the shop is question.

At this stage, learned counsel appearing for the petitioner submits that the petitioner wishes to apply for a Conveyance Deed of the shop in question. However, since the occupant is misusing the property in question, misuser charges shall be levied upon the petitioner. He submits that on the one hand, the NDMC is not taking action against the unauthorized construction, on the other hand, misuser charges are being levied.

If that be the case, in case, it is the Policy of the NDMC not to take action against any unauthorized construction existing in the shops in the i Sarojn Ngr Market a for the time being, and the petitioner applies for conversion of the property in question, then the NDMC shall not raise any misuser charges for the unauthorized construction in the shop in question for the time being, as the Policy of the NDMC with regard to taking action against the unauthorized construction is yet to be finalized.

Considering the aforesaid, no further orders are required to be passed in the present petition for the time being. 12. The present writ petition, along with the pending application, stands disposed of.

MINI PUSHKARNA, J

SEPTEMBER 16, 2025/KR

W.P.(C) 2827/2023 Page 4 of 4