Rishi Sehdev v. South Delhi Municipal Corporation And ORS.
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11710/2019 & CM APPL. 48158/2019, CM APPL. 6589/2020 RISHI SEHDEV .....Petitioner Through:
Mr. Ashish Chauhan, Advocate and Mr.
Naman Gari, Advocate Mob: 9999468603 Email:
ashishchauhan@akassociates.org.in versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.
.....Respondents Through:
Mr. Rajesh Kumar, SC with Ms.
Mansi Aggarwal, Advocate for MCD
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA % 22.09.2025
O R D E R
1.
The present writ petition has been filed seeking quashing of the letters dated 25th November, 2016, passed by respondent no.3, and letters dated 03rd January, 2017 and 09th March, 2017, passed by respondent no. 2, in respect of the first, second and third floor of the property bearing no. D-70, Anand Niketan, New Delhi.
2.
Learned counsel appearing for the petitioner submits that the petitioner has filed an application for regularization of the existing construction in the subject property. However, the same was rejected on the ground, that a No Objection Certificate ("NOC") from other floor owners was also required.
3.
He further submits that the petitioner intends to carry out certain addition/alteration in the property in question. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsel appearing for the respondent nos. 1 to 4 - Municipal Corporation of Delhi ("MCD"), has handed over a copy of the circular dated 17th September, 2025, issued by the Building Department (Headquater), MCD, with respect to 'Modification in the guidelines for Floor wise Sanction/Regularization'. The relevant portion of the said Circular reads as under:
"xxx xxx xxx "
5.
Thus, learned counsel appearing for the respondent nos. 1 to 4 - MCD submits that no NOC is required from any other floor owner, as per the new The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
policy under the said Circular of the MCD.
6.
Considering the submissions made before this Court, liberty is granted to the petitioner to apply for regularization in terms of the aforesaid Circular dated 17th September, 2024, issued by the MCD.
7.
The application of the petitioner shall be considered as per its policy and requisite orders shall be passed with regard thereto. 8.
The petitioner is also at liberty to apply for any Sanction of Building Plan, in terms of the aforesaid Circular of the MCD. 9.
It is clarified that any further construction in the property in question to be carried out by the petitioner, only after requisite permission from the MCD.
10.
In case, it is the case of the petitioner that the petitioner was carrying out only addition/alteration in terms of Para 2.14 of the Unified Building Bye-Laws for Delhi, 2016, such an application shall be made by the petitioner to the respondent nos. 1 to 4 - MCD. 11.
Upon receipt of such an application, the MCD shall inspect the property of the petitioner, to assess the extent of construction. 12.
In case the construction is allowed in terms of the Unified Building Bye-Laws for Delhi, 2016, for which no prior permission is required to be taken, the MCD shall allow such construction. However, in case, sanction is needed for such construction, the petitioner shall apply accordingly. 13.
With the aforesaid directions, the present writ petition, along with the pending applications, is disposed of.
MINI PUSHKARNA, J SEPTEMBER 22, 2025/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.