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2025 DAILYLAW 49832 (DEL)

SURYA ASSOCIATES PVT. LTD. v. MUNICIPAL CORPORATION OF DELHI

W.P.(C)/17712/2025 · 2025-11-21

Mini Pushkarna

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~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: 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 26/11/2025 at 11:59:06 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 26/11/2025 at 11:59:06 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. 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 26/11/2025 at 11:59:06 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 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 26/11/2025 at 11:59:06