Pawan Kumar Sharma v. Municipal Corporation Of Delhi And ORS

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11651/2025, CM APPL.

47655/2025, CM APPL.

47656/2025 & CM APPL. 47657/2025 PAWAN KUMAR SHARMA .....Petitioner Through:

Mr.

Umang Tyagi, Mr.

Hardik Saxena and Mr. Zuber Ali, Advs.

Mob: 6398102838 Email: office@umangtyagi.com versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Anand Prakash, standing counsel for R-1 & 2 with Ms. Varsha Arya, Adv.

Mob: 8851801293 Email: srianandprakash@gmail.com Ms. Kritika Gupta, Adv. for R-DDA Mob: 8826331177 Email: kritika0504@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 05.08.2025 1.

The present writ petition has been filed with prayer for directions to the respondent nos. 1 to 3, to grant permission to develop the privately owned land of the petitioner, measuring 1428 sq. meters, out of land measuring 1 Bigha 18 Biswa, in Khasra Nos. 218/1/6 and 218/7/1, situated at Gate No. 4, Sanjay Nagar, Gulabi Gali, Delhi-110007, as per the notification of the Delhi Development Authority ("DDA") bearing No. S.O. 3249 (E), dated 04th July, 2018.

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

2.

Learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the arbitrary and unreasonable inaction on the part of the respondent - Municipal Corporation of Delhi ("MCD"), who failed to discharge their statutory obligation to process and forward the petitioner's application for approval of the planned development and sub-division of the subject land into nine residential plots, in accordance with the policy framework notified vide S.O. 3249 (E), dated 04th July, 2018. 3.

It is submitted that pursuant to the aforesaid notification and the Standard Operating Procedures ("SOP") framed there under, the petitioner submitted a letter of intent and a formal proposal for the sub-division of land, strictly in accordance with the "Regulations for Enabling the Planned Development of Privately Owned Lands" notified vide the aforesaid notification dated 04th July, 2018, the Master Plan for Delhi, 2021 ("MPD"), the Unified Building Bye-Laws for Delhi, 2016 ("UBBL") and Sections 312 and 313 of the Delhi Municipal Corporation Act, 1957 ("DMC Act"). 4.

It is submitted that thereafter, the proposal was examined by the Town Planning Department of the MCD and upon due scrutiny the same was endorsed by the various functionaries, including, the Senior Town Planner. 5.

However, it is submitted that the matter of the petitioner was also placed before the Layout Scrutiny Committee ("LOSC"), which approved the proposal and recommended that the same be placed before the Standing Committee for final sanction. However, it is submitted that despite the same, the matter is still pending with the concerned officials of the MCD. 6.

Per contra, learned counsel appearing for the respondent no. 1 - MCD submits that the proposal of the petitioner is still under consideration. He submits that the present petition is a premature petition, as the final The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

decision in the proposal is yet to be taken. He further submits that the petitioner has filed various internal notings of the department, which have not been obtained through the process of RTI. 7.

Responding to the aforesaid submission, learned counsel appearing for the petitioner further submits that various documents have been obtained under the Right to Information Act, 2005 ("RTI Act") and draws the attention of this Court to the stamp pertaining thereto. 8.

Considering the submission made before this Court, this Court is of the considered opinion, that since the matter is still pending with the concerned officials of the respondent - MCD, the present petition is a premature petition.

9.

However, considering the concerns as raised before this Court, it is directed that the application/representation of the petitioner, shall be dealt within a time bound manner, preferably, within a period of six months, from today.

10.

The petitioner and all his representatives shall also be granted liberty of personal hearing before the final decision is taken in the application/representation of the petitioner. 11.

With the aforesaid directions, the present petition, along with the pending applications is accordingly, disposed of. MINI PUSHKARNA, J AUGUST 5, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.