Nisha Sharma v. Municipal Corporation Of Delhi

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5455/2026 & CM APPL. 26657-26658/2026 NISHA SHARMA .....Petitioner Through:

Mr. Vinod Kumar Mantoo, Mr. Hem Kumar and Ms.

Nupur Mantoo, Advocates.

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

Ms. Sushant Singh, Advocate for MCD.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 23.04.2026 1.

The present writ petition has been filed seeking setting aside of the impugned judgment dated 2nd December, 2025 passed by the Appellate Tribunal, Municipal Corporation of Delhi (hereinafter referred to as 'ATMCD') and the judgment dated 6th March, 2026 passed by the Principal District and Sessions Judge (Central), Tis Hazari, Delhi, in an appeal filed by the petitioner against the aforesaid judgment of the ATMCD. 2.

Both the aforesaid orders arise out of a demolition order passed by the respondent/MCD on 12th September, 2016. The relevant extracts from the demolition order are set out below:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The aforesaid order was challenged by the petitioner before the ATMCD and the appeal was dismissed vide order dated 2nd December, 2025. The relevant extracts from the order of the ATMCD are set out below: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

This order dated 2nd December, 2025 was challenged by the petitioner before the Principal District and Sessions Judge (Centre), Tis Hazari. 5.

The appeal was dismissed by the Principal District and Sessions Judge (Central), Tis Hazari vide order dated 6th March, 2026. Paragraph 6 of the said order is set out below:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Both the judicial authorities below have consistently taken the view that the protection under the NCT of Delhi Laws (Special Provisions) Second Act, 2011 (hereinafter 'the Special Provisions Act'), is available only in respect of properties that were constructed prior to 8th February, 2007. In this regard, reference may also be made to the relevant provision of Section 3 (2) of the Special Provisions Act, which is set out below: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

'Special Areas' have been defined in Regulation 2(vi), the Building Regulations for Special Area, Unauthorized Regularized Colonies and Village Abadis, 2010 (page no.171 of the writ petition) (hereinafter the 'Building Regulations'), to include (i) Walled City, (ii) Walled City and Extension, and (iii) Karol Bagh. A reading of the aforesaid provisions extracted from the Special Provisions Act makes it crystal clear that the cut-off date is 8th February, 2007 in respect of the properties located in the Walled City. It is undisputed that the subject property is located in the Walled City. 8.

Mr. Vinod Kumar Mantoo, counsel appearing on behalf of the petitioner, places reliance on the Building Regulations to contend that since the Building Regulations were issued on 17th January, 2011, the same have to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

be given effect prospectively. Reliance is also placed on paragraph 5 of the abovesaid Building Regulations to submit that these regulations have to be in conjunction with the Master Plan for Delhi, 2021 (hereinafter referred to as the 'MPD-2021') and Building Bye-Laws.

9.

The aforesaid Building Regulations form a part of Section 3 (2) of the Special Provisions Act. Accordingly, the petitioner cannot rely on the said Building Regulations to submit that protection to properties within 'special areas' would be available till 17th January, 2011, when the Special Provisions Act itself clearly provides the cut-off date to be 8th February, 2007. 10.

There is no merit in the present writ petition and the same is dismissed. 11.

All pending applications stand disposed of.

AMIT BANSAL, J APRIL 23, 2026 Rzu The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.