NISHA MALHOTRA & ANR. vs MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12th December, 2025 + W.P.(C) 1431/2025 & CM APPL. 6948/2025, CM APPL. 19210/2025, CM APPL. 26227/2025, CM APPL. 69195/2025 NISHA MALHOTRA & ANR. .....Petitioners Through: Mr. Kirtiman Singh, Sr. Adv. with Ms. Kritika Gupta, Ms. Vidushi Singhania, Advocates (M:8826331177) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Ashutosh Gupta, ASC-MCD Mr. Lalit Gupta, Ms. Ishita Nautiyal, Advocates for R-2 and 3 (M:9810355699) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The petitioners are the owners of half share of the property measuring 288 sq. yards, out of total area measuring about 576 sq. yards, towards the western side of the property bearing no. 61/22, Ramjas Road, Karol Bagh, New Delhi. The other half share, measuring 288 sq. yards, is towards the eastern side of the said property, belonging to respondent nos. 2 and 3. 2. The petitioners got the property converted from lease hold to free hold and a Conveyance Deed was executed by the Delhi Development Authority (“DDA”) in respect of the property in their favour on 08th July, 2007. 3. Subsequently, on 13th July, 2011, the property in question, measuring Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:13.12.2025 18:47:13 576 sq. yards, was partitioned amongst the co-owners/co sharers in equal share by way of a registered Partition Deed. 4. The main concern raised by the petitioners in the present case is that on the plot, partitioned between the petitioners and respondent nos. 2 and 3, the respondent nos. 2 and 3 have built up their portion by taking up the Floor Area Ratio (“FAR”) and a number of dwelling units, which should not affect the entitlement of the petitioners at the t