SMT SUNITI MADAN vs NEW DELHI MUNICIPAL COUNCIL

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th July, 2025 + W.P.(C) 14072/2021 & CM APPL. 44401/2021 SMT SUNITI MADAN .....Petitioner Through: Ms. Nandita Rao, Sr. Adv. with Mr. Amit Peswani, Mr. Ankur Raghav, Advocates (M:99714779575) versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr. Raghvendra Upadhyay, ASC- NDMC with Mr. Chandra Kishore, Advocate with Mr. Madhusoodan, (J.E.-NDMC), Mr. Bhawani, (Estate II-NDMC) (M:9818720615) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present writ petition has been filed challenging the Demand Letter dated 01st July, 2021 issued by the respondent-New Delhi Municipal Council (“NDMC”), for shop and flat no. 32, Khan Market, New Delhi on account of recovery of outstanding dues. 2. Learned Senior Counsel for the petitioner submits that the impugned Demand Notice dated 01st July, 2021, states that the property in question was being misused for commercial purposes. She submits that, however, the original lease deed itself mentions that the property is for commercial purposes. Thus, any misuse charge on account of this in the impugned Signature Not Verified Digitally Signed W.P.(C) 14072/2021 Page 1 of 6 By:HARIOM Signing Date:12.07.2025 20:17:08 demand notice, cannot be raised. 3. She further submits that the misuse for enclosing of the verandah, as outlined in the demand notice dated 5th May, 2009, are condonable in terms of Office Order No. 7/83, dated 22nd March 1983, issued by the Ministry of Works and Housing Land & Development Office (“L&DO”), Government of India. 4. She draws the attention of this Court to Office Order No. 7/83 dated 22nd March, 1983, wherein a complete list of condonable breaches, has been given. The same includes, “Enclosing of verandahs”. Thus,