Allowed

Pooja Burman v. South Delhi Municipal Corporation & Ors.

Delhi HC17 Aug 2026W.P.(C)/7375/2016

Case brief

AI extract

What is this about?

The Delhi High Court allowed a writ petition filed by Pooja Burman seeking sanction for a building plan for the Western Wing of her property. The court directed the respondent authority to consider a fresh application under MPD-2021 and UBBL-2016 without requiring an NOC from co-owners of the Eastern Wing and permitted separate plans subject to proportionate FAR and ground coverage.

What did the court decide?

Petitioner directed to apply afresh; Respondent to consider plan under MPD-2021 and UBBL-2016 without NOC from co-owners; Separate plans permitted subject to total FAR/ground coverage limits.

Pooja Burman Vs South Delhi Municipal Corporation & Ors. — Land Acquisition | Delhi HC (2026)

¶1

$~41

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CNR No. DLHC011972972016

¶4

- W.P.(C) 7375/2016 & CM APPL. 30303/2020, CM APPL. 29975/2021, CM APPL. 5260/2023, CM APPL. 7936/2026 POOJA BURMAN

¶5

.....Petitioner Through: Mr. Sudhir K. Makkar, Sr. Adv. with Ms. Saumya Gupta, Ms. Sanya C. Oberoi, Advs. versus

¶6

SOUTH DELHI MUNICIPAL CORPORATION & ORS

¶7

.....Respondents Through: Mr. Sanjay Poddar, Sr. Adv. with Mr. Mukesh Gupta, Mr. Govind Kumar, Ms. Purnima Malik, Mr. Apurv Kumar, Mr. Sameer Pandey, Advs. for R-1/ Mr. Piyush Joshi, Ms. Vatsala Bhatia, Mr. Akshay Sharma, Ms. Amrita Dwivedi, Advs. for R-2&3 Mr. Deepal Goel, Adv. for MCD Mr. Shashi Partap Singh, Adv. for R-5/ DDA

¶8

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

¶9

¶10

O R D E R 17.08.2026

¶11

This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :-

¶12

This is a digitally signed order.

¶13

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 29/08/2026 at 15:57:17

¶14

“a) Issue a writ of certiorari or any other appropriate writ or direction thereby quashing the decision of respondent No. 1 communication in the communication dated 27.04.2026 rejecting the representation of the petitioner;

¶15

b) Issue a writ of mandamus or any other appropriate writ or direction thereby directing respondent No. 1 to accord sanction to the building plan submitted by the petitioner in respect of Western Wing of property A-30, West End Colony, New Delhi without putting the pre-condition of obtained No Objection Certificate by the petitioner form the owners of the Eastern wing of property No. A-30, West End Colony, New Delhi…”

¶16

I have already passed a detailed order in W.P.(C) 6772/2026, wherein the issue raised in the present petition has been addressed primarily.

¶17

Mr. Poddar, learned senior counsel for the respondent No. 1/ MCD, states that the plan submitted by the petitioner was rejected in 2016 and substantial developments have taken place thereafter.

¶18

He states that if the petitioner applies in view of the decision dated 08.01.2026, the plan submitted by the petitioner will be considered afresh in accordance with extant rules, regulations, by laws and the decision dated 06.01.2026.

¶19

The petition is allowed and the petitioner shall apply afresh and his application for sanctioning of plans shall be considered in accordance with MPD-2021 and UBBL-2016.

¶20

Additionally, the respective shares of co-owners are well-defined in the plot as per the sale deed and there shall not be any necessity for joint

¶21

This is a digitally signed order.

¶22

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 29/08/2026 at 15:57:17

¶23

application. The separate building plans for the Western Wing shall be sanctioned subject to stipulations that FAR and ground coverage of all dwelling units in all the buildings put together shall not exceed the applicable FAR and ground coverage of the single undivided plot.

¶24

The dwelling unit permissible for the entire plot and co-sharers would enjoy the FAR and the ground coverage in their dwelling units on proportionate basis of the total FAR and ground coverage permissible for that plot. This would be in line with the law laid down by the Hon’ble Supreme Court and the provisions of the MPD-2021 and UBBL-2016.

¶25

The respondent No. 1/MCD shall not insist in any NOC from the co-owners.

¶26

With these directions, the petition is disposed of.

¶27

JASMEET SINGH, J

¶28

AUGUST 17, 2026/sp

¶29

This is a digitally signed order.

¶30

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 29/08/2026 at 15:57:17

Pooja Burman v. South Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

Pooja Burman v. South Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S S . R. Enterprises & Anr. Vs Union of India & Ors.

Karan Rajwar Vs Director General & Ors.

Sony Bhaskar & Anr. Vs the Regional Manager Bank of Baroda & Ors.

Mohd. Iqbal (President of Bharat Samaj Party) Vs Election Commission of India

Prateek Rathi & Anr. Vs the Income Tax Officer, Ward 26(3) Delhi

M/S PRINCE4LINE Overseas, through Its Director Sh. Abu Syed Faiz Hussaini (Opc) Pvt. Ltd. Vs the Commissioner of Customs (Air Cargo Exports), New Customs House, New Delhi & Anr.

Shrinath Banerjee Vs Directorate of Enforcement New Delhi

T.R. Narayanan Vs Directorate of Enforcement New Delhi and Anr.