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2025 DAILYLAW 6521 (DEL)

NEERAJ KUMAR CHOPRA v. MUNICIPAL CORPORATION OF DELHI & ANR.

W.P.(C)/16351/2025 · 2026-09-17

Prathiba M Singh, Vikas Mahajan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010828612025 + W.P.(C) 16351/2025 and CM APPL. 66959/2025, CM APPL. 77570/2025, CM APPL. 54684/2026 and CM APPL. 54685/2026 NEERAJ KUMAR CHOPRA .....Petitioner Through: Mr. Kanhaiya Singhal, Mr. Prasanna, Mr. Ajay Kumar, Ms. Avantika Shankar, Mr. Mehul Gupta, Mr. Yash Arora, Mr. Naval Goel, Mr. Sarthak Gupta, Ms. Amrita Kumari, Ms. Nivedita Tiwari, Ms. Isha Singh and Mr. Pradeep Yadav, Advocates. (M) 9810066150 versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Ms. Puja s. Kalra, Standing Counsel with Mr. Virendra Singh, Advocate for MCD with Mr. Lokesh Kumar, LI MCD (M) 9312839323 Ms. Chand Chopra and Mr. Punishk Handa, Advocates for DDA. Mr. Kunal Kher, Advocate for Basant Lok Upgradation and Maintenance Agency (M) 9910072729 Mr. Shivam Goel, Ms. Ramya Shivam Goel, Ms. Sanya Sharma and Ms. Ishika Kanyal, Advocates for R3. (M) 8102110991 CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 17.09.2026 1. This hearing has been done through hybrid mode. 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 19/09/2026 at 11:43:51 2. The present petition has been filed, inter alia, seeking appropriate directions to the Respondents for restoration of the Petitioner to his alleged original Tehbazari site at Site No. 11806, Ward No. 165, PVR Complex near Police Booth, Basant Lok, New Delhi. 3. On the last date of hearing i.e., 17th August, 2026, upon the submission made by the ld. Counsel for the Petitioner, the Court had directed the MCD to identify two alternative sites where the Petitioner would be shifted. The relevant portion of the said order reads as under: “3. After some hearing, Mr. Kanhaiya Singhal, ld. Counsel for the Petitioner submits that his client is willing to shift to the new site allocated by the DDA in the Basant Lok Complex itself, as per the DDA’s layout plan in terms of letter dated 7th September, 2020. 4. Since the Petitioner is an old vendor in the area and is running a Paan Shop, let the MCD/DDA give him at least two options, where he can be shifted. 5. The Assistant Commissioner, MCD and the DDA shall accordingly, in coordination with the Petitioner, identify the two proposed sites on 21st August, 2026 at 11.30 A.M. in the presence of the Petitioner. If any of the said sites are acceptable to the Petitioner, he may shift to the same. If the same is not acceptable, the matter would be decided on the next date.” 4. Ld. Counsels for the DDA and MCD are present and it is submitted that pursuant to the order dated 17th August, 2026, the DDA along with MCD had identified two alternative sites on 21st August, 2026. The said two alternative sites are: (a) Piazza - B, Site - A at Basant Lok, Community Centre, New Delhi; (b) Piazza - B, Site - B at Basant Lok, Community Centre, New Delhi. 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 19/09/2026 at 11:43:51 5. Mr. Singhal, ld. Counsel for the Petitioner submits that the Petitioner has accepted one of the alternative sites being Site - B at Piazza - B as identified by the authorities and is willing to shift to the said site. 6. Ms. Kalra, ld. Counsel for the MCD has handed across the site plan which records the alternative site identified by the authorities and accepted by the Petitioner. The said site plan is taken on record. 7. In order to avoid any confusion the said site plan is extracted below for ready reference (the relevant area has been marked with the red box): 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 19/09/2026 at 11:43:51 8. For ease of reference, an enlarged copy of the relevant portion of the site plan, as marked with a red box in the above image, is extracted hereunder: 9. The ld. Counsel for the M/s. PVR INOX Limited has expressed his objections in respect of the said alternative site being allotted to the Petitioner. 10. In the opinion of this Court, since the entire market/shopping complex is a DDA approved market and the alternative site is acceptable to the DDA and MCD, PVR would have no locus to object to the same. 11. Accordingly, the vacant possession of the alternative site being Site-B 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 19/09/2026 at 11:43:51 in Piazza-B, at Basant Lok, Community Centre, New Delhi shall be handed over by the DDA and MCD to the Petitioner on 19th September, 2026 at 11.30 AM. The Petitioner shall shift within a period of one week. 12. In view of the above directions, no other reliefs are pressed by the Petitioner. 13. The petition is disposed of in the above terms. Pending applications, if any, are disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. SEPTEMBER 17, 2026/jg/msh 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 19/09/2026 at 11:43:51