High Court of DelhiW.P.(C)/7976/2025

Piyush Aggarwal v. Municipal Corporation Of Delhi & ORS.

2025-10-27Hon'Ble Ms. Justice Mini Pushkarna7 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7976/2025 & CM APPL. 35006/2025 PIYUSH AGGARWAL .....Petitioner Through:

Mr. Shailesh Tiwari and Mr. Hem Kumar, Advs. (Through VC)

Versus

MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Sunil Goel, SC-MCD with Ms.

Dimple Aggarwal, Mr.

Himanshu Goel and Ms. Varsha, Advs. for MCD Mob: 9810215488 Email: sunilgoel71@gmail.com Mr. Ashish Sehrawat and Mr. Kapil Yadav, Advs. for R-3 to 6 (Through VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 27.10.2025 1.

Learned counsel appearing for Municipal Corporation of Delhi ("MCD") draws the attention of this Court to the short reply filed on behalf of the MCD, and submits that new license has already been issued in favour of respondent no. 5, Mr. Sumit Singhal, which is valid up to 13th March, 2028.

The short reply filed on behalf of respondent no. 1-MCD, reads as under:

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

xxx xxx xxx"

This Court records the statement made by learned counsel appearing for the respondent-MCD that the earlier license in the name of Mahavir Prasad had been renewed inadvertently and rectified license has now been issued on behalf of the MCD, which has been placed on record. 4.

The amended license issued in favour of Mr. Sumit Singhal, is reproduced as under:

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

This Court notes that when the matter was listed for hearing on 08th September, 2025, this Court had noted the statement made on behalf of the MCD that the MCD was in the process of rectifying the license, which has now duly been done.

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

Further, this Court notes that vide order dated 29th May, 2025, this Court had noted the fact that as regards the issue pertaining to the building being in dangerous condition, a civil dispute is already pending, wherein, the Civil Court has already stayed the operation of the notice issued by the MCD in that regard. Relevant portions of the order dated 29th May, 2025, reads as under:

"xxx xxx xxx 3.

The present writ petition has been filed seeking directions to the respondent no.1 to take action against the illegal running of atta chakhi by respondent nos. 3 to 6, and illegal issuance of Trade License to late Sh. Mahavir Prasad, for running atta chakki in a dangerous and uninhabitable building, bearing no. 4566 to 4572, Gali No. 52, Khasra No. 1243-1244, Block B, Basti Raigerpura, Arya Samaj Road, Karol Bagh, Delhi-110005.

Learned Senior Counsel appearing for the petitioner submits that the said Mahavir Prasad has already expired on 9th February, 2024, whereas, the renewal of license, has been done on 8th May, 2025.

Attention of this Court has been drawn to the renewal license issued by the Factory License Department, Municipal Corporation of Delhi ("MCD"), wherein, the licensed premises have been reflected as M/s Mahavir Prasad, and the photograph of the deceased Mahavir Prasad, is reflected in the said license.

Issue notice. Notice is accepted by learned counsels appearing for respondents.

Learned counsel appearing for respondent no. 1-MCD submits that private disputes are pending between the petitioner and the other private respondents.

He further submits that the fact whether the property in question is dangerous and dilapidated, is a disputed question before the Civil Court. The Civil Court has already stayed the operation of the notice issued by the MCD in that regard, in the private litigation between the parties in CS No. 1689/2022, titled as Mahavir Prasad Versus Delhi Municipal Corporation.

It is further submitted that the said stay of the notice issued by the MCD qua the building in question being dangerous, has not been challenged so far.

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

10.

Learned counsel appearing for respondent nos. 3 to 6, submits that license in question is not a new license, but has only been renewed.

11.

He further submits that an application has already been filed before the MCD for requisite change in the name of the licensee. xxx xxx xxx"

This Court is informed by learned counsel appearing for the MCD that the petitioner herein has already become a party in the CS No. 1689/2025, titled as "Mahavir Prasad

Versus

Delhi Municipal Corporation", and that the petitioner herein has already filed an application before the said Court for vacation of the stay therein. 8.

Considering the aforesaid, no further orders are required to be passed in the present writ petition.

In case, the petitioner is aggrieved by the amended license issued in favour of the MCD, the petitioner is at liberty to seek his remedies, in accordance with law.

10.

With the aforesaid directions, the present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J OCTOBER 27, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.