Sudhir Chadha v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8111/2025 & CM APPL. 35448/2025 SUDHIR CHADHA .....Petitioner Through:

Mr. Rishi Sood and Mr. Prafull Singh, Advs.

M: 9650133112 Email: rishisoodadvcate@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Kapil Dutta, Adv. for MCD M: 9811135509 Email: kapilduttamcd@gmail.com Mr. Kirti Uppal, Sr. Adv. with Mr.

Sidharth Chopra, Mr. Aditya and Mr.

Ankit Singh, Advs. for R-3 Mr. Pramod Kumar, Adv. for R-2 (Through VC) M: 9717888012

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 30.05.2025 1.

The present writ petition has been filed seeking directions to the respondent no.1-Municipal Corporation of Delhi ("MCD"), to stop the use of temporary structures as fire exit in property bearing No. W-85, Greater Kailash-II, New Delhi-110048, and to remove all the outdoor AC units installed thereupon.

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

2.

It is further prayed that an action be taken upon the representations dated 07th January, 2025 and 10th May, 2025, submitted by the petitioner. 3.

Per contra, learned counsel appearing for respondent no.1-MCD, submits that the construction in the property has been done pursuant to a Sanctioned Building Plan, which was approved on 09th November, 2024. 4.

He further submits that completion certificate was also issued on 19th December, 2024.

5.

He further submits that the first complaint was made by the petitioner on 03rd January, 2025, followed by another complaint dated 07th January, 2025. He, thus, submits that there is no basis for the petitioner to approach on the last working day and express urgency in this manner. 6.

Considering the submissions made before this Court, it is directed that the MCD shall inspect the property bearing No. W-85, Greater Kailash-II, New Delhi-110048, in order to assess whether the temporary steel structure, and the outdoor AC units installed thereupon, which are subject matter of the present petition, are authorized in terms of the Building Bye-Laws. 7.

In case of any unauthorized installation, the MCD shall take action in accordance with law, after following the due procedure. 8.

Further, it is directed that any decision taken by the MCD after inspection of the property in question, shall also be communicated to learned counsel appearing for the petitioner, on the Email, which is reflected in today's order.

9.

Let the inspection be done and decision be taken by the MCD expeditiously, preferably, within a period of ten weeks, from today. 10.

Needless to state that this direction has been passed without prejudice to the rights and contentions of respondent no.3. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

With the aforesaid directions, the present writ petition, along with the pending application, is disposed of.

MINI PUSHKARNA, J MAY 30, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.