Dismissed

Central Citizen Welfare Associated v. Municipal Corporation of Delhi & Anr.

Delhi HC10 Jul 2026LPA/446/2026

Case brief

AI extract

What is this about?

A welfare society challenged its eviction from a Delhi cremation ground re-adopted by another entity. The court held the appeal not maintainable because the 2017 MoU was executed by a different society, and in any event the licence had expired by efflux of time, entitling MCD to evict without notice.

What did the court decide?

None granted; appeal dismissed, no order as to costs.

Central Citizen Welfare Associated Vs Municipal Corporation… — Property and Title | Delhi HC (2026)

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision : 10.07.2026

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+ LPA 446/2026 & CM APPL. 38763/2026

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CENTRAL CITIZEN WELFARE ASSOCIATED .....Appellant Through: Mr. Abhishek Rawat, Advocate.

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versus

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MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through:

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

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TEJAS KARIA, J. ( ORAL )

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CM APPL. 38764/2026

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This is an Application under Section 151 of the Code of Civil Procedure, 1908 for exemption from filing certified copies of Annexure – A to Annexure – C annexed to the present Appeal.

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For the reasons stated in the Application, the same is allowed.

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The Application stands disposed of.

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LPA 446/2026

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The present Letters Patent Appeal is directed against the order dated 18.05.2026 (“ Impugned Order ”) passed by the learned Single Judge in WP

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Signature Not Verified

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Signed By:NEELAM SHARMA Signing Da te:1 4.07.2026 12:02:03

LPA 446/2026

Page 1 of 5

The Appellant is a welfare society registered with the office of the Registrar of Societies, Delhi on 04.11.1997. On 10.05.2026, the Appellant received notice dated 07.05.2026 issued by Respondent No. 1, the Municipal Corporation of Delhi (“ MCD ”), directing it to vacate the Shamshan Bhoomi , Keshopur, Tilak Nagar, New Delhi (“ Cremation Ground ”) within seven days from receipt thereof.

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The notice dated 07.05.2026 referred to office order dated 30.03.2026, vide which the MCD resolved to accept the proposal of the Commissioner concerning the recommendation and approval of NGOs/RWOs/Self Help Groups/Trusts/Societies for the adoption, development and maintenance of cremation grounds, Hindu child burial grounds, Muslim burial grounds and Christian cemeteries under the MCD.

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The notice dated 07.05.2026 further stated that the Cremation Ground had been adopted by Guru Nanak Sewa Foundation (Regd.), 53, Pocket-25, Sector-24, Rohini, Delhi-110085, and that possession thereof had been handed over by the Public Health Department, West Zone, MCD on 06.05.2026 in accordance with the legal process.

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It is the case of the Appellant that it has been managing the affairs of the Cremation Ground for the past 32 years without interruption or disturbance. It is further averred that, recently, certain unknown persons visited the Cremation Ground, misbehaved with the office bearers of the Appellant and attempted to forcibly take possession of the Shamshan record book, among other records. In this regard, the Appellant has also lodged a

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Signature Not Verified

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Signed By:NEELAM SHARMA Signing Da te:1 4.07.2026 12:02:03

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LPA 446/2026

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Page 2 of 5

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complaint with P.S. Tilak Nagar, New Delhi. The Appellant further alleges that officials of the MCD, in collusion with certain anti-social elements, seek to hand over charge of the Cremation Ground to another person.

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Learned counsel for the Appellant submitted that, in the year 2017, a Memorandum of Understanding (“ 2017 MoU ”) was executed between the Appellant and the MCD, whereby charge of the Cremation Ground was allotted to the Appellant for its development and maintenance. It was further submitted that, up to May 2026, the Appellant had complied with all the terms and conditions of the 2017 MoU and had submitted all relevant records pertaining to the Cremation Ground to the office of the Respondents. 10. Learned counsel for the Appellant submitted that the Appellant has incurred substantial expenditure towards the development of the Cremation Ground and has raised various constructions therein for public welfare. It was further submitted that, pursuant to the 2017 MoU, the Appellant deposited a sum of Rs. 1,00,000/- in the office of the Commissioner, South Delhi Municipal Corporation on 06.02.2017, the receipt whereof was issued in the name of the President of the Appellant. Learned counsel further contended that, vide notice dated 07.05.2026, the Appellant has been abruptly directed to vacate the Cremation Ground without issuance of any show cause notice or grant of an opportunity of hearing.

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We have heard learned counsel for the Appellant and perused the material placed on record. 12. At the outset, it is observed that the present Appeal is not maintainable as the 2017 MoU, on which the Appellant places reliance, was not executed by the Appellant but by Shamshan Bhoomi Sudhar Samiti

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Signature Not Verified

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Signed By:NEELAM SHARMA Signing Da te:1 4.07.2026 12:02:03

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LPA 446/2026

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Page 3 of 5

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(Regd.) (“ Samiti ”), an independent society registered under the Societies Registration Act, 1860 since 1997. Although the Appellant has sought to contend that it is the Managing Committee of the Samiti, the same does not confer upon the Appellant any right to institute the Writ Petition or to prefer the present Appeal. Accordingly, the present Appeal deserves to be dismissed on this ground alone, as the Appellant has no right to institute proceedings on behalf of the Samiti.

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In any event, the learned Single Judge vide the Impugned Order observed as under:

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“6. In terms of the MOU, entered into between the petitioner and respondent/MCD, the petitioner was given a license to run the said cremation ground initially for a period of one (1) year and with an extension of two (2) further years. Clause 2 of the said MOU is set out below:

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2. THE SHAMSHAN BHOOMI SUDHAR SAMITI REGISTERED, TILAK NAGAR, SHAH PURA ,WEST DELHI, NEW DELHI-110018 Will Have To Enter Into Memorandum Of Understanding (MOU) Which Shall Be Initially Valid For One Year And After The Assessment Of Its Satisfactory Functioning, Its extension For Further Period Of More Two Years Will Be Granted.

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7. Clearly, the maximum period of three (3) years permissible under the aforesaid MOU would have expired in the year 2024.

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8. The status of the petitioner is nothing more than a licensee, and upon expiry of the term of the license, the licensor (MCD) would be free to terminate the license and take possession of the said property. No notice is required to be given for the same. Accordingly, the respondent/MCD is entitled to seek eviction of the petitioner and allot the same to another entity.

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9. In view of the aforesaid, there is no merit in the present petition and is accordingly dismissed.

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10. The petitioner is given time until 31st May, 2026, to vacate the aforesaid cremation ground, failing which the respondent/MCD shall take appropriate steps to recover possession. ”

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Signature Not Verified

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Signed By:NEELAM LPA 446/2026 SHARMA Signing Da te:1 4.07.2026 12:02:03

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Page 4 of 5

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The 2017 MoU was in the nature of a licence in favour of the Samiti, which was initially valid for a period of one year and, upon satisfactory functioning, extendable for a further period of two years. The 2017 MoU stood exhausted by efflux of time. No material has been placed on record to demonstrate either any further extension thereof or the conferment of any independent right in favour of the Samiti to continue in possession of the Cremation Ground thereafter.

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Once the licence stood exhausted on account of expiry of its term, the continued possession of the Cremation Ground by the Samiti, or any expenditure stated to have been incurred towards its maintenance, could not, in the absence of any subsisting extension of the 2017 MoU or any independent legal right, confer any right in favour of Samiti and / or the Appellant.

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In view of the aforesaid, the learned Single Judge was justified in holding that the MCD was entitled to seek eviction of the Samiti / Appellant and to allot the Cremation Ground to another entity. We, therefore, find no infirmity in the Impugned Order and no merit in the present Appeal.

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Accordingly, the present Appeal is dismissed. Pending applications, if any, also stand disposed of. There shall be no order as to costs.

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TEJAS KARIA, J

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DEVENDRA KUMAR UPADHYAYA, CJ

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JULY 10, 2026/ HK

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Signature Not Verified

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Signed By:NEELAM SHARMA Signing Da te:1 4.07.2026 12:02:03

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LPA 446/2026

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Page 5 of 5

Central Citizen Welfare Associated v. Municipal Corporation of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Central Citizen Welfare Associated v. Municipal Corporation of Delhi & Anr.

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

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