VISHAL KUMAR vs NEW DELHI MUNICIPAL COUNCIL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 30th January, 2026 Judgment pronounced on: 23rd April, 2026 + W.P.(C) 5449/2016 VISHAL KUMAR .....Petitioner Through: Mr. P.P. Malhotra, Senior Advocate with Ms. Sonia Malhotra, Mr. Vishal Gauri and Mr. Shubhendu Kaushik, Advocates. versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Ms. Puja S. Kalra, ASC for NDMC with Mr. Virendra Singh, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. The present writ petition has been filed seeking setting aside of the order dated 2nd May, 2016, passed by the Appellate Tribunal, MCD (hereinafter ‘ATMCD’) in Appeal No. 862/2014. 2. Vide the impugned order, the appeal filed by the petitioner against the order passed by the Chief Architect, NDMC has been dismissed and the petitioner has been directed to deposit a penalty of Rs.20,55,713/- along Signature Not Verified Digitally Signed W.P.(C) 5449/2016 Page 1 of 11 By:AANCHAL TAGGAR Signing Date:23.04.2026 11:26:13 with interest. Upon deposit of the said amount, the subject premises have been directed to be de-sealed. 3. Brief facts necessary for deciding the present writ petition are as under: 3.1. The petitioner is one of the co-owners of the property, being flat No.35, 9th floor, Dakshineshwar, 10 Hailey Road, New Delhi (hereinafter ‘subject premises’). 3.2. On 1st April, 2009, the subject premises were given on lease to a joint stock company, Aviation Holding Company (“SUKHOI”), having its registered office in Moscow, Russia. The lease clearly provided that the premises will not be used for commercial purposes. 3.3. The duration of the lease was for a period of five (5) years with effect from 1st April, 2009 to 31st March, 2014 and the rent was Rs.1.90 lakhs per month with escalatio