Delhi Factory Owners' Federation Vs South Delhi Municipal Corporation & Ors. — Delhi HC (2025) — LawSathi Research

Delhi Factory Owners' Federation Vs South Delhi Municipal Corporation & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Clarification issued that respondents no. 1 to 3/MCD shall determine the status of ITES and KBI industries in accordance with the amended MPD 2021, the DDA notification dated 29.10.2020, and the list of permitted industries available on the MCD's official website; the application stands disposed of.

Issue for consideration

Whether the Court should clarify its judgment and order dated 04.07.2025 in the underlying writ petition by directing respondents 1-3 (MCD) that the determination with respect to IT/ITeS/KBI industries has to be done strictly in consonance with the amended MPD-2021, the DDA notification dated 29.10.2020 and the list of permitted industries as available on the MCD's website.

Court's answer

The Court clarifies that respondents no. 1 to 3 / MCD shall determine the status of ITES and KBI industries in accordance with the amended MPD 2021, the DDA notification dated 29.10.2020, and the list of permitted industries available on the MCD's official website.

Ratio / Principle

The application (CM.APPL. 50844/2025) stands disposed of upon issuance of the clarification.

Detailed headnote1 paragraphs

Delhi High Court (Purushaindra Kumar Kaurav, J.), Order dated 19.08.2025 disposing of CM.APPL. 50844/2025 filed in W.P.(C) 5340/2016 by Delhi Factory Owners' Federation. The application had sought clarification of the judgment and order dated 04.07.2025 pronounced in the underlying writ petition, asking that respondents 1-3/MCD be directed to determine IT/ITeS/KBI industries strictly in consonance with the amended MPD-2021, the DDA notification dated 29.10.2020 and the list of permitted industries on the MCD website. Relying on paragraph 17(7) of the earlier judgment (submission of Mr. Poddar that the Corporation is amenable to considering ITES/KBI cases) and paragraph 19 (Corporation's recorded position that it is willing to examine certain ITES/KBI issues), the Court clarified that respondents no. 1 to 3 / MCD shall determine the status of ITES and KBI industries in accordance with the amended MPD 2021, the DDA notification dated 29.10.2020, and the list of permitted industries available on the MCD's official website. No monetary quantum involved; no precedent cited or engaged with.

$~O-A-1

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 5340/2016 and CM.APPL. 50844/2025

DELHI FACTORY OWNERS' FEDERATION .....Petitioner

Through: Mr. Jayant Mehta, Sr. Advocate with Mr. Anirudh Wadhwa, Mr. Aditya Mittal and Ms. Jasleeen Virk, Advocates.

versus

SOUTH DELHI MUNICIPAL CORPORATION & ORS.

.....Respondents

Through: Mr.Vikas Chopra, SC with Mr.Neeraj Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 19.08.2025

CM.APPL. 50844/2025

The applicant in the instant application prays for the following

reliefs:-

“a. Clarify the judgement and order dated 04.07.2025 pronounced in the underlying writ petition, and direct the Respondent 1-3/MCD that the determination with respect to IT/ITeS/KBI industries has to be done strictly in consonance with the amended MPD-2021, the DDA notification dated 29.10.2020 and the list of permitted industries as available on the MCD’s website;

b. Pass such other orders as may be appropriate in the interests of justice.”

Heard learned counsel appearing on behalf of the parties on 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 21/08/2025 at 12:44:39

instant application.

The Court has considered the averments made in the instant application and notes that, in paragraph no. 17(7), one of the submissions made by Mr. Poddar was that the Corporation is amenable to considering the cases pertaining to ITES and KBI, in light of the replies and representations submitted by the petitioner.

Further, in paragraph no. 19, it has been rightly pointed out by learned counsel for the Corporation that the Corporation’s position has already been placed on record namely, that it is willing to examine certain issues related to ITES and KBI and address them accordingly.

In these circumstances, the Court clarifies that respondents no. 1 to 3 / MCD shall determine the status of ITES and KBI industries in accordance with the amended MPD 2021, the DDA notification dated 29.10.2020, and the list of permitted industries available on the MCD’s official website.

Ordered accordingly.

The application stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J

AUGUST 19, 2025 Nc/sph

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 21/08/2025 at 12:44:39