Mrs V Chandrika Nair & ANR. v. Municipal Corporation Of Delhi

$~3 (Appellate Side) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8638/2023, REVIEW PET.

554/2025 & CM APPL.

15490/2026 MRS V CHANDRIKA NAIR & ANR.

.....Petitioners Through:

Mr. Abir Phukan and Ms. Rishika Radhakrishnan, Advs.

Mob: 9717390750 Email: rishika@kmnplaw.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Tushar Sannu, SC for MCD with Mr. Fajallu Rehman and Ms. Payal Rajput, Advs.

Mob: 9911991166

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 13.03.2026 CM APPL. 15490/2026 1.

The present application has been filed seeking condonation of delay in filing reply to the review petition.

2.

Considering the submissions made in the application, the delay of 24 days in filing the reply by the petitioner is condoned. 3.

The reply of the petitioner to the review petition of the Municipal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Corporation of Delhi ("MCD"), is taken on record. 4.

With the aforesaid direction, the present application is accordingly disposed of.

REVIEW PET. 554/2025 5.

The present review petition has been filed on behalf of the MCD, for review of order dated 29th October, 2025.

6.

Learned counsel appearing for the MCD submits that the circular dated 17th September, 2025, issued by the Building Department (Headquarter), MCD, is not applicable in the facts and circumstances of the present case. He submits that the requirement of No Objection Certificate ("NOC") from the owners of the Delhi Development Authority ("DDA") flats in vertical stack, for the purpose of regularization and sanction of additional coverage, is still intact in the prevailing the policy of the DDA. 7.

He, thus, submits that since the circular dated 17th September, 2025, regarding modification in the guidelines for floor-wise sanction/regularization, is only applicable to buildings on a plot, whereby, the building on a plot is treated as a single unit for the purposes of application of Development Control Norms, the said circular would not be applicable in the present case, as the present case pertains to a DDA flat. 8.

Considering the submissions made before this Court, the import of the circular dated 17th September, 2025 would have to be considered by the Court.

9.

Accordingly, the order dated 29th October, 2025 is recalled and the present writ petition is restored to its original number. 10.

The present review petition is disposed of in the aforesaid terms. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

W.P.(C) 8638/2023 11.

In view of the fact that the present petition has been restored by today's order, the earlier interim order dated 30th June, 2023 shall continue, till the next date of hearing.

12.

List before the Roster Bench on 06th April, 2026. MINI PUSHKARNA, J MARCH 13, 2026/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.