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High Court of DelhiW.P.(C)/17712/2025

Surya Associates Pvt. Ltd. v. Municipal Corporation Of Delhi

2025-11-21Hon'Ble Ms. Justice Mini Pushkarna4 pages

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17712/2025 & CM APPL. 73143/2025 SURYA ASSOCIATES PVT. LTD.

.....Petitioner Through:

Mr.

Lalit Gupta and Mr.

Kritik Verma, Advs.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Rohit Kathuria, Adv.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 21.11.2025 1.

The present writ petition pertains to the entire property bearing Municipal Nos. 8351-8355, Ward No. XIV, Katra Gauri Shankar Khemka, Bara Hindu Rao, Rani Jhansi Road, Near Filmistan Cinema, Delhi-110006, admeasuring 7006 sq. yds. However, during the course of arguments, the petitioner has pointed out that unauthorized construction exists only in a small portion of the property in question, as shown in the photographs attached as Annexure P-4.

2.

Learned counsel appearing for Municipal Corporation of Delhi ("MCD"), has also handed over to this Court a copy of the order dated 15th November, 2025, passed by the Civil Judge in Tis Hazari Courts with respect to certain portion of the property in question. The said order dated 15th November, 2025, is reproduced as under:

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

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

3.

Since the present writ petition has been filed praying relief with respect to the whole of the property in question, when the cause of action is shown to exist only as regards a small portion of the said property, such a prayer as made in the present writ petition, with regard to whole of the property, would not be maintainable.

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

4.

At this stage, learned counsel appearing for the petitioner submits that he may be granted liberty to withdraw the present writ petition, and file a fresh petition, specifically dealing with the area where unauthorized construction has taken place.

5.

Accordingly, the present writ petition, along with the pending application, is dismissed as withdrawn, with the aforesaid liberty. MINI PUSHKARNA, J NOVEMBER 21, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.