Ranjit Nagar Commercial Complex Welfare Association (Regd.) v. North Delhi Municipal Corporation (Ndmc) And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9779/2019 & CM APPL. 40383/2019 RANJIT NAGAR COMMERCIAL COMPLEX WELFARE ASSOCIATION (REGD.) .....Petitioner Through:

Mr. Satya Priya Kamrah, Advocate.

Mob: 9810610466 versus NORTH DELHI MUNICIPAL CORPORATION (NDMC) AND ANR.

.....Respondents Through:

Mr. Tushar Sannu, SC with Mr.

Shivraj Singh Tomar, Mr. Sanjay Rai, ASO, MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 07.04.2025 1.

The present writ petition has been filed seeking directions to the respondents to take immediate steps for registrations of the Deed of Apartment of commercial flats/apartments, in view of judgment and order dated 28th May, 2010 and 13th July, 2012, passed by Division Bench of this Court in W.P.(C) No. 1959/2007.

2.

It is the case of the petitioner that the petitioner is a society registered under the Societies Registration Act, 1860. Four blocks have been constructed by different builders on the commercial plot in Ranjeet Nagar, Community Centre, New Delhi-110008.

3.

However, the builders have not come forward for registrations of Deed of Apartment, in favour of the owners.

4.

Thus, the interest in common areas and facilities, has not been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

conveyed to the apartment owners by executing the agreement. Thus, the present writ petition has been filed, wherein, the petitioner has prayed, that Deed of Apartment of the members of the petitioner association in Ranjeet Nagar, Commercial Complex, be executed by the MCD. 5.

Today, Mr. Tushar Sannu, learned counsel appearing for the MCD, on instructions, submits that since in the present case builder is not available, therefore, there were certain hindrances in execution of the Deed of Apartment. However, the department has now, in principle, taken a decision to execute the Deed of Apartment and register the same in favour of respective owners of the commercial flats, in question. He submits that for the said purpose, the petitioner is required to submit certain documents, like sanctioned building plan, floor plan, etc.

6.

He further submits that in the present case, the units were constructed by three builders. He submits that only a few of the unit holders have applied to the MCD for the purposes of execution of Deed of Apartment. 7.

At this stage, learned counsel appearing for the petitioner submits that all the unit holders are members of the petitioner association, and that he shall ensure that all the respective members apply to the MCD, accordingly. 8.

This Court takes note of the submission of learned counsel appearing for the petitioner that since the building plan was sanctioned by MCD, and the construction was done by the builder, the members of the petitioner association, may not have copy of the building plan. 9.

Accordingly, as far as sanctioned building plan is concerned, the MCD is directed to make endeavors to co-operate with the petitioner in this regard and try to procure the same, from its own records. 10.

As far as other documents are concerned, it is directed that individual The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

unit holders, shall apply to the Municipal Corporation and submit the requisite documents, as demanded by the MCD.

11.

Upon completion of the formalities by the individual unit holders of the petitioner-association, the MCD shall proceed to execute and register the Deed of Apartment, in favour of the individual unit holders. 12.

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

MINI PUSHKARNA, J APRIL 7, 2025 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.