SUCY MATHAI THROUGH SPA HOLDER vs MUNICIPAL CORPORATION OF DELHI AND ORS

Judgment text excerpt

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15th January, 2026 + W.P.(C) 14277/2025 SUCY MATHAI THROUGH SPA HOLDER .....Petitioner Through: Mr. Arun Francis, Advocate. versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr. Siddhant Nath and Mr. Bhavishya Makhija, Advocates for R-1/MCD. Mr. Ashutosh Kaushik, Advocate for R-2 Ms. Manju Grover, R-3 present-in- person. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present writ petition has been filed seeking a direction to respondent no.1/MCD to replace/reinstall the water tank of the petitioner which was illegally removed by the respondent no.1/MCD on 28th July, 2025. 2. It is the case of the petitioner that the petitioner is the owner of DDA Flat No.164, Mount Kailash, East of Kailash, New Delhi, located on the first floor. The petitioner has been residing in this property since 2001. 3. The grievance of the petitioner is that the respondent no.3, who Signature Not Verified Digitally Signed W.P.(C) 14277/2025 Page 1 of 4 By:AARZOO Signing Date:17.01.2026 14:15:43 resides on the ground floor of the same property in Flat No.163, made a complaint against the water tank kept by the petitioner on the ground floor. On the basis of this complaint, the respondent no.1/MCD has illegally removed the petitioner’s water tank on 28th July, 2025. 4. Counsel for the petitioner has drawn attention of the Court to the relevant bye-laws applicable for addition/alteration in DDA flats. Specific reliance is placed on Entry No.10 in the category of condonable items, which is set out below: “10. To put provide additional PVC water tank at ground floor area without disturbing the common passage.” 5. Status report has been filed on behalf of the respondent no.1/MCD on 13th Octobe