ATUL SHARMA vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th December, 2025 + W.P. (C) 700/2025 & CM APPL. 77189/2025 ATUL SHARMA .....Petitioner Through: Mr. Sufian Siddique, Adv. with Mr. Rakesh Bhugra and Mr. Md. Niyazuddin, Advs. versus MUNICIPAL CORPORATION OF DELHI & ANR......Respondents Through: Mr. Manu Chaturvedi, SC with Mr. Ahmed Jamal Siddiqui, Mr. Kshitiz Kishor Rai and Mr. Madhav Tripathi, Advs. for MCD alongwith Anil Kumar, AE and Jasbir Singh, JE Mr. Vinod Dahiya, Mr. Chirag Singal and Mr. Bharat Bagga, Advs. for R-2 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present writ petition has been filed seeking directions to respondent no. 1, i.e., Municipal Corporation of Delhi (“MCD”), to recall the impugned order dated 06th January, 2025, passed under Section 343(1) of the Delhi Municipal Corporation Act, 1957 (“DMC Act”), whereby, the respondent no. 1 had directed that all construction beyond the Sanctioned Building Plan in the property in question, i.e., Plot No. J-28, Udyog Nagar, Rohtak Road, New Delhi – 110041, is not amenable to any protection from any punitive action under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (“Delhi Special Laws”), and is liable Signature Not Verified Digitally Signed W.P.(C) 700/2025 Page 1 of 23 By:HARIOM SHARMA Signing Date:08.12.2025 21:09:03 to be demolished. 2. Learned counsel for the petitioner submits that the petitioner is in lawful possession and the operator of the factory situated in the property in question and that the said property has been operating since the year 1995, after procuring all the necessary licenses from the competent authorities. 3. It is submitted that the property in question is an industrial plot admeasuring 800 s