W.P.(C) 8882/2026 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8882/2026, CM APPLs. 41587/2026 & 44574/2026 DR MOHAN KUMAR MISHRA & ORS .....Petitioners Through: Mr. Jitendra Kumar Singh, Ms. Harshita Singh, Ms. Shivpriya & Ms. Anjali Kumari, Advocates (M) 8587840444 versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Vinod Khanna, Advocate for R1/MCD. Ms. Shobhana Takiar, Standing Counsel with Mr. Shivam Takiar, Mr. Prateek Dhir, Ms. Arushi Singh and Mr. Kuljeet Singh, Advs. for DDA (M) 9810962950. Mr. Manoj Mittal, Mr. Ishan Mittal, Mr. Ravi Mishra and Mr. Purushottam, Advocates for R6, R7 and R8. (M) 9015825900 Mr. Tushar Sannu and Mr. Vaibhav Tripathi, Advocates for GNCTD/RCS (M) 8587907082 CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 17.07.2026 1. This hearing has been done through hybrid mode. 2. At the outset, Ms. Kalra, ld. Counsel submits that a separate counsel has now been engaged by the MCD in this matter. Accordingly, she is discharged from this case. 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 21/07/2026 at 11:15:33 W.P.(C) 8882/2026 3. The present writ petition has been filed by six members of the South India Cooperative Group Housing Society Limited, Rohini, Sector 9, New Delhi (hereinafter, ‘the Society’), inter alia challenging the No Objection Certificate given for installation of a lift in the Society. 4. The grievance of the six Petitioners is that a lift is being installed in the Society without proper sanction and the requisite ‘No Objection Certificates’ have also not been obtained. The No Objection Certificate (hereinafter, ‘NOC’) issued by the Municipal Corporation of Delhi (hereinafter, ‘MCD’) in this regard is also under challenge. 5. On the last date, the Court had come to the prima facie conclusion that it is not for this Court to decide the location of the lift in the Society and the Society, its Managing Committee and the concerned Authorities are best equipped to decide the same. 6. However, since the Society was not present on the last date, the Court had issued notice to the Society and had also asked the MCD’s Counsel to take instructions. 7. Ld. Counsel for the Society has appeared today along with the President and Secretary of the Society. 8. It is submitted on behalf of the Society that the requisite sanction from MCD has been obtained for installation of the lift. 9. The said permission letter dated 30th April, 2026, issued by the MCD permitting the installation of lift in the Society has been handed over to the Court and the same is taken on record. 10. Ld. Counsel for the Society further submits that if the Petitioners are aggrieved by any sanction given by the MCD, the Petitioners are free to avail of their remedies under Section 336 of the Delhi Municipal Corporation Act, 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 21/07/2026 at 11:15:33 W.P.(C) 8882/2026 1957. 11. On behalf of the Petitioners, it is submitted that the MCD ought to have inspected the premises properly before granting the permission for installation of lift in the Society. Hence, the said NOC granted by MCD vide letter dated 30th April, 2026 is being challenged by the Petitioners. 12. In any event, it is also noted that the Registrar of Cooperative Societies (hereinafter, ‘RCS’) has also issued a letter dated 5th June, 2026 to the President/Secretary of the Society, directing that a response be filed to the representation filed by the Petitioners. 13. In addition, the said letter also states that until the Delhi Fire Department’s no objection has not been obtained, the lift installation and other work ought to be restrained. 14. The Court has considered the matter. 15. The NOC issued by the MCD dated 30th April, 2026 is quite clear to the effect that it is valid for upto five years from the date of its issuance. 16. Mr. Tushar Sannu, ld. Counsel appearing on behalf of GNCTD/RCS submits that the Delhi Fire Service’s no objection also needs to be obtained by the Society. 17. Hence, in the opinion of this Court, it is up to the Managing Committee of the Society to obtain all the requisite NOCs from the concerned Authorities and proceed with the construction of the lift as per law. 18. Since the matter is now being considered by the RCS, let two representatives of the Managing Committee of the Society and any two members amongst the Petitioners appear before the RCS. The RCS shall also hear the individuals who have obtained permission for installation of the lift. The RCS shall hear all the concerned parties and thereafter resolve the issue. 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 21/07/2026 at 11:15:33 W.P.(C) 8882/2026 19. In any case, if the Petitioners are objecting to the NOC granted by the MCD, the Petitioners are free to avail of their remedy in accordance with law. 20. No further orders are required to be passed by this Court. 21. The Petitioners shall appear before the RCS on 27th July, 2026 at 11.30 AM along with at least two elected office bearers of the Managing Committee and two individuals who have obtained permission for installation of lift. 22. Accordingly, a copy of this order be communicated to the said persons namely Sh. Vinod Kumar & Mrs. Renu Kashyap and Smt. Meera Nanda Kumar & Mr. T. Nanda Kumar by the Managing Committee of the Society. 23. The documents handed over by the MCD are taken on record. 24. Petition is disposed of in said terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 17, 2026/jg/ss 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 21/07/2026 at 11:15:33