POONAM NARANG vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 04th September, 2025 + W.P.(C) 13671/2025, CM APPL. 56063/2025 & CM APPL. 56064/2025 POONAM NARANG .....Petitioner Through: Mr. Kartikeya Rastogi and Ms. Tamanna Kavdia, Advs. versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Ashutosh Gupta, ASC for MCD (Through VC) Mr. Tushar Sannu and Mr. Vishal Ji, Advs. for DDA CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present writ petition has been filed with a prayer seeking protection to the petitioner to approach the respondent-Municipal Corporation of Delhi (“MCD”), for submitting an application for regularization of permissible/compoundable construction, in accordance with the applicable Rules. 2. It is submitted that the petitioner is the owner of Flat No. B-416, Pocket-B, Sarita Vihar, New Delhi. In May, 2025, the petitioner started certain construction work on the third floor and terrace of the flat in question. It is submitted that the said construction work is permissible as per Signature Not Verified Digitally Signed W.P.(C) 13671/2025 Page 1 of 3 By:HARIOM SHARMA Signing Date:05.09.2025 20:32:28 Chapter III of the Policy & Procedure for permission and Regularization of Additions/Alterations in DDA Flats issued by Delhi Development Authority (“DDA”). 3. Issue notice. Notice is accepted by learned counsels appearing for the respondents. 4. Learned counsel appearing for respondent no. 2, i.e., DDA submits that the area in question is a de-notified area. Thus, he submits that it is for the MCD now to consider the case as regard any regularization. 5. Learned counsel appearing for respondent no. 1 submits that a Demolition Order with respect to the property in question, already stands issued. However,