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High Court of DelhiW.P.(C)/9779/2018

Dda Flats Sarai Khalil Residents Welfare Association (Regd.) Through Its President Asrar Ahmad v. North Delhi Municipal Corporation And ORS.

2025-09-17Hon'Ble Ms. Justice Mini Pushkarna5 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9779/2018 & CM APPL. 38104/2018 DDA FLATS SARAI KHALIL RESIDENTS WELFARE ASSOCIATION (REGD.) THROUGH ITS PRESIDENT ASRAR AHMAD .....Petitioner Through:

Ms. Savita Rustogi and Mr. Ashu Tewathia, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS.

.....Respondents Through:

Mr. Ashutosh Gupta, ASC with Mr.

Arman Monga, Adv. for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 17.09.2025 1.

The present writ petition has been filed seeking directions to the respondents to stop the violation of the Delhi Municipal Corporation Act, 1957 ("DMC Act") and the Master Plan of Delhi 2021, in the area of Sarai Khalil, Sadar Bazar, Delhi, by taking action against the flats where misuser is being carried out.

2.

Learned counsel appearing for the petitioner submits that the flats as mentioned in the petition in Annexures P-3, P-4 and P-5, are being misused for commercial purposes.

3.

This Court notes the Status Report dated 12th May, 2023, filed on behalf of the Municipal Corporation of Delhi ("MCD"), wherein, it is stated as follows:

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

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

4.

Learned counsel appearing for the respondent-MCD has handed over a copy of another additional Status Report dated 16th March, 2024, which is taken on record. The said additional Status Report reads as under: "xxx xxx xxx The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

xxx xxx xxx"

5.

This Court takes note of the submission of learned counsel appearing for the MCD that the MCD is taking regular action to ensure that there is no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

misuse in the respective flats in question.

6.

Accordingly, the MCD is directed to ensure that the flats in question, which are the subject matter of the present writ petition, are not misused in any manner for any commercial purposes.

7.

The MCD shall ensure that the flats in question are used only for residential purposes, and any use of the flats in question, are in terms of the Master Plan of Delhi, 2021.

8.

The MCD is held bound to take appropriate action. 9.

In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is at liberty to seek remedies, in accordance with law.

10.

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

MINI PUSHKARNA, J SEPTEMBER 17, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.