M/S Pacific Development Corporation Ltd v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17870/2024 & CM APPL. 76077/2024 M/S PACIFIC DEVELOPMENT CORPORATION LTD .....Petitioner Through:

Mr. Puneet Mittal, Sr. Advocate with Mr.

Varun Sikka, Mr.

Gaurav Sharma, Advocates.

Mr. Sanjay, A.R.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Chetanya Puri and Mr. Rishab Jain, Advocates for R-3.

Mr. Manish Tomar, TI, Delhi Traffic Police, Ashok Vihar Circle.

Mr. Dharamlal, S.I,, Pairvi Officer and Mr. Manish Kumar, S.I., Traffic Police, Ashok Vihar Circle.

Mr. B. Venkatraman, Advocate for R4.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 07.01.2026 1.

The present writ petition has been filed on behalf of the petitioner seeking a direction to the respondent no.1/MCD to withdraw the E-Tender for allotment of surface parking sites, which was issued vide letter dated 20th November, 2024 in respect of "Service Lane Outside Pacific Mall" at serial no.24 of Annexure-1 of the E-Tender dated 20th November, 2024. 2.

Counter affidavits have been filed on behalf of the respondent no.1/MCD as well as the respondent no.4/Delhi Metro Rail Corporation The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Limited (DMRC). Along with its counter affidavit, respondent no.1/MCD has placed on record the letter dated 23rd December, 2024 received from Delhi Fire Service. In the said letter, it is stated that the aforesaid service lane has been provided for fire tender movement, which is one of the mandatory requirement of fire safety certificate. In the event the said lane is not available for the movement of fire tender, the fire safety certificate of M/s Pacific Mall building will be cancelled.

3.

In the order passed by the Predecessor Bench on 15th April, 2025, the statement of the concerned Officer from the Delhi Fire Services was also recorded which reads as under:

"7.

Mr. Sarabjeet Singh, Assistant Divisional Officer from Delhi Fire Service, is present in Court, and submits that six meters wide circulation area is required to be maintained, and nine meters at the turning circle is required to be maintained, for the purposes of fire security and fire tender movement."

4.

From a perusal of the aforesaid, it is clear that operation of a surface parking would cause hinderance in the movement of fire tender in case of any emergency. Therefore, this Court is of the view that the aforesaid service lane cannot be used for the purposes of surface parking site keeping in view the fire safety requirements.

5.

I have been informed that pursuant to the aforesaid E-Tender dated 20th November, 2024, the site has been allotted to a parking contractor. 5.1.

This Court vide order dated 23rd December, 2024 had directed that any action taken pursuant to the impugned tender would abide by the outcome of the present writ petition.

5.2.

In view thereof, it is directed that the allotment in terms of the aforesaid tender issued by the respondent no.1/MCD shall stand cancelled. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Consequently, the NOC issued by the Traffic Police also stands quashed.

7.

Accordingly, the writ petition is disposed of with the aforesaid directions.

8.

It is made clear that this Court has not gone into the aspect of the ownership of the subject land i.e., Fire Tender Road at Netaji Subhash Place Metro Station at Line-7.

AMIT BANSAL, J JANUARY 7, 2026 Rzu The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.