MS KRISHNA ROHTAGI v. MUNICIPAL CORPORATION OF DELHI & ORS.
W.P.(C)/4820/2025 · 2025-04-16
Mini Pushkarna
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 15754 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15754 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4820/2025 & CM APPL. 22122/2025 MS KRISHNA ROHTAGI .....Petitioner Through: Mr. Shiv Charan Garg, Adv.
M: 9811061563 versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Umang Tyagi, ASC with Mr. Zuber Ali, Adv. for MCD M: 9999178173 Email: office@umangtyagi.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 16.04.2025
1. The present writ petition has been filed for direction to the respondent/ Municipal Corporation of Delhi (“MCD”) to consider the representation dated 11th December, 2024, submitted by the petitioner and pass appropriate order therein.
2.
Learned counsel appearing for the petitioner submits that respondent/MCD had booked the chajja/projection of the first floor, KD- 186, DDA Flat, Pitampura, Delhi-110034. 3. Furthermore, the respondent/MCD demolished some part of the said chajja in the year 2020, and brought it within the permissible limits. It is submitted that now the existing structure of the chajja, is within the permissible limit and that the petitioner is ready to bear the expenses for This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2025 at 12:04:31
regularization, if the same is regularized by the MCD. 4. It is submitted that the petitioner has already sent a letter dated 13th June, 2024, for regularization of chajja, however, no response has been given to the petitioner. It is further submitted that the petitioner also sent a representation dated 11th December, 2024 to the respondent by post and the same has duly been acknowledged by the MCD. However, neither any opportunity of personal hearing was given to the petitioner, nor any decision on the said representation has been given by the MCD. 5. Per contra, learned counsel appearing for respondent no.1 submits that the letter/representation written by the petitioner for regularization of the construction in question is not in a proper format. He submits that the petitioner is required to file a proper application for regularization. 6. If that be the case, the petitioner is directed to appear before the concerned officer, i.e., Assistant Engineer (“AE”), Building Department, Keshav Puram Zone of the MCD on 22nd April, 2025 at 12:30 PM. 7. The concerned officer of the MCD shall guide the petitioner as to the discrepancies in the application of the petitioner, including, the documents and format, which are required for filing of the regularization application by the petitioner. 8. Upon intimation to the petitioner, the petitioner is at liberty to file appropriate application for regularization within a period of two weeks, thereafter. 9. The application of the petitioner shall be considered by the respondent/ MCD in accordance with law. At the time of deciding the application of the petitioner, the MCD shall also grant opportunity of personal hearing to the petitioner. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2025 at 12:04:31
10. Accordingly, with the aforesaid directions, the present petition, along with the pending application, stands disposed of. MINI PUSHKARNA, J APRIL 16, 2025/kr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2025 at 12:04:31