Bharat Cooperative Group Housing Society Ltd v. Municipal Corporation Of Delhi & ANR.

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13992/2025 & CM APPL. 57272/2025 BHARAT COOPERATIVE GROUP HOUSING SOCIETY LTD.

.....Petitioner Through:

Mr. Vinod Sharma, Adv.

M: 9899184083 versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through:

Ms. Shilpa Dewan, Adl. SC for MCD M: 9971192772

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 11.09.2025 1.

The present writ petition has been filed seeking directions to the respondent no.1-Municipal Corporation of Delhi ("MCD"), to immediately fill up the open pit, which was dug by some members/proposers for installation of a lift in the petitioner society, i.e., Bharat Cooperative Group Housing Society Ltd., located at Plot No. 20, Sector-13, Rohini, Delhi110085. 2.

Learned counsel appearing for respondent no.1-MCD submits that the MCD has no objection to filling up the open pit in question. She draws the attention of this Court to the letter dated 17th July, 2025, by which the petitioner has cancelled the No Objection Certificate ("NOC") dated 04th June, 2025, for lift installation.

3.

Learned counsel appearing for the MCD submits that since the NOC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has been withdrawn by the petitioner, the MCD has also by its letter dated 31st July, 2025, directed to stop the installation of the lift in question and the connecting bridge immediately, until the matter is resolved with the petitioner herein.

4.

Having heard learned counsels appearing for the parties, this Court notes that vide letter dated 17th July, 2025, the petitioner has already cancelled the NOC dated 04th June, 2025, for lift installation. The said letter dated 17th July, 2025, issued by the petitioner 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.

5.

This Court further notes the letter dated 31st July, 2025, issued by the MCD, wherein, directions have been given to stop the installation of the lift for the time being. The letter dated 31st July, 2025, issued by the 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.

6.

Considering the aforesaid, it is apparent that the installation of the lift in question has been stopped for the time being. Thus, the open pit in question, which has been dug, cannot be allowed to continue for the time being, especially, in view of the statement of the learned counsel appearing for the MCD that MCD has no objection to filling up the said open pit, keeping in mind the safety measures.

7.

This Court also takes note of the submission made by the learned counsel appearing for the petitioner that the pit in question shall pose a danger to the safety of the residents, if it is allowed to continue in the same condition.

8.

Accordingly, it is directed that the petitioner society is at liberty to fill up the open pit, which is existing in the society in question. 9.

In case of any hindrance, the Station House Officer ("SHO"), Police Station Prashant Vihar, is directed to give assistance with regard thereto. 10.

It is clarified that no special equity shall be claimed by the petitioner society in view of the order passed by this Court today. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Further, this Court has not expressed any opinion as regards the merits of the case with respect to the installation of the lift in question. 12.

It is further clarified that the present order is being passed only with a view to secure the safety of the residents.

13.

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

MINI PUSHKARNA, J SEPTEMBER 11, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.