Nitish Jaiswal v. Municipal Corporation Of Delhi

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.11.2025 + W.P.(C) 18011/2025 & CM APPL. 74532/2025 NITISH JAISWAL .....Petitioner Through:

Mr.

Arush Kapoor, Advocate (M:9910950400) versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Kapil Dutta, Mr. Rachit Singh, Advocate for MCD (M:9811135509)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL):

1.

The present writ petition has been filed on behalf of the petitioner with a prayer, inter alia, to allow the petitioner to file a fresh application for regularization in respect of property bearing Khasra No. 122/14, Main 100 Foota Road, Bhagat Colony, Sant Nagar, Burari, Delhi-110084. 2.

Learned counsel for the petitioner submits that the earlier application for regularization, as filed by the petitioner, was rejected only on the ground that the property in question falls in an unauthorized colony. 3.

Subsequently, it has come to the knowledge of the petitioner that the property falls within the boundary of an urbanized village. Thus, it is submitted that since the property in question falls within the boundary of an urbanized village, the rejection of petitioner's regularization application, on the basis of the property falling in an unauthorized colony, is not tenable. 4.

Responding to the present petition, learned counsel for the respondent-Municipal Corporation of Delhi ("MCD") submits that the

respondent-MCD is ready to consider the case of the petitioner, in the event the petitioner applies afresh.

5.

Accordingly, considering the submissions made before this Court, the petitioner is permitted to apply afresh for regularization in respect of the property bearing Khasra No. 122/14, Main 100 Foota Road, Bhagat Colony, Sant Nagar, Burari, Delhi-110084.

6.

The aforesaid application shall be filed, along with requisite documents, by the petitioner within two weeks from today. 7.

Upon the petitioner submitting the application, the same shall be duly considered by the MCD and the submissions made on behalf of the petitioner before this Court, as noted in the present order, shall also be taken into account by the MCD.

8.

The petitioner shall also be granted a hearing at the time of considering his application.

9.

In case, any other documents are required, the petitioner shall be granted liberty to produce the same.

10.

The regularization application of the petitioner shall be considered in a time bound manner, preferably, within eight weeks after receipt of the fresh regularization application by the petitioner. 11.

The petitioner shall comply with all the directions as issued by the MCD and shall remove the non-compoundable and excess deviations, as per the directions of the MCD.

12.

The MCD shall indicate clearly to the petitioner with regard to the non-compoundable portions that need to be demolished. 13.

For this purpose, opportunity shall be granted to the petitioner to demolish the non-compoundable deviations. For this purpose, the property

shall be de-sealed, in order to allow the petitioner to take requisite action. 14.

The MCD shall satisfy itself as regards the action taken by the petitioner for removal of non-compoundable deviations and pass appropriate orders, accordingly.

15.

With the aforesaid directions, the present writ petition, along with pending application, is accordingly disposed of. MINI PUSHKARNA, J NOVEMBER 27, 2025/au