Uma Malik & ORS. v. Municipal Corporation Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3875/2026 & CM APPL. 17841/2026 UMA MALIK & ORS.

.....Petitioners Through:

Mr. K.C. Mittal, Mr. Yugansh Mittal, Mr. Rajiv Kumar and Mr. Keshav Poonia, Advocates.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Arjun Mahajan, SC with Ms.

Monica Batra, Mr. Apoorv Upmanyu and Mr.

Ravi Kant Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 25.03.2026 1.

The present writ petition has been filed seeking setting aside of order dated 13th March, 2026 passed by the Appellate Tribunal, MCD (ATMCD) wherein the interim application filed on behalf of the petitioners seeking stay of the vacation order dated 3rd March, 2026 has been declined. 2.

The aforesaid vacation order was passed in respect of property being part of Khasra No 147, Extended Abadi Village Dhoolsiras, Block B, New Delhi-77 (hereinafter 'subject property'), 3.

One of the reasons for declining the interim relief to the petitioners was that the petitioners had filed an application for regularization of the subject property on 13th February, 2026. However, the same was not done as per the Rules through Registered Architect on the online portal. 4.

Mr. K.C. Mittal, counsel appearing on behalf of the petitioners, W.P.(C) 3875/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:28:41

submits that the petitioners are willing to file an application for regularization through Registered Architect on the online portal of the respondent/MCD within one (1) week from today. 5.

Mr.

Arjun Mahajan, counsel appearing on behalf of the respondent/MCD submits that the construction carried out by the petitioners is non-compoundable as there are 32 dwelling units on four floors in the subject property which cannot be regularized as only a maximum of 8 dwelling units are permitted in a building.

6.

Be that as it may, in the interest of natural justice, an opportunity is given to the petitioners to file an application for regularization within one

(1) week from today.

7.

The same shall be considered by the respondent/MCD in a time bound manner and an appropriate decision shall be taken in accordance with law. However, in the event the petitioners do not file the regularization application through Registered Architect on the online portal within one (1) week from today, the respondent/MCD shall be free to act in accordance with law.

8.

It is further directed that during the pendency of the regularisation application, no coercive action shall be taken against the subject property of the petitioners.

9.

Accordingly, the writ petition is disposed of. 10.

The pending application also stands disposed of. 11.

It is made clear that no observations have been made with regard to the merits of the case.

AMIT BANSAL, J MARCH 25, 2026/Rzu W.P.(C) 3875/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:28:41