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2026 DAILYLAW 14082 (DEL)

CHITTARANJAN PARK BANGIYA SAMAJ v. UNION OF INDIA & ORS.

W.P.(C)/11500/2026 · 2026-08-12

Swarana Kanta Sharma

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010370402026 + W.P.(C) 11500/2026 CHITTARANJAN PARK BANGIYA SAMAJ .....Petitioner Through: Mr. Pankaj Vivek, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Nitinjya Chaudhry, CGSC with Mr. Rahul Mourya, Adv. and Ms. Rupali Sinha (GP) for UOI. Ms. Akanksha Gupta and Mr. Yash Garg, Advs. for R-3. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 12.08.2026 CM APPL. 53266/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 11500/2026 3. By way of the present writ petition, the petitioner seeks following reliefs: “a) issue a writ of certiorari or any other similar, writ, order or directing thereby quashing the breach notice dated 16.01 .2023 (Annexure P-1) issued by the respondentno.2; and b) issue a writ of mandamus or any other similar, writ, order or directing thereby commanding the respondent no. 2 to decide the representations dated 27.01.2023, 13.03.2023, 08.04.2023 and 01.04.2024 (Annexure P- 2 to P-5) made by the petitioner within a stipulated time frame; and 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 17/08/2026 at 11:54:14 consequently grant extension of time for construction upto 15.06.2021; and c) issue a writ of mandamus or any other similar, writ, order or directing thereby commanding the respondent no. 2 to decide the representation dated 25.03.2022 (Annexure P-6) for refund of penalty; and d) issue a writ of mandamus or any other similar, writ, order or directing thereby commanding the respondent no. 3 to issue completion certificate without insisting for NOC /extension of time from the respondent no.2; and” 4. Issue notice. The learned counsels accept notice on behalf of respondents. 5. Briefly stated the facts of the present case, as mentioned in the writ petition, are that Chittaranjan Park Bangiya Samaj, a socio-cultural society established in 1971, was allotted a plot by L&DO on 16.04.1986 and had obtained the requisite building-plan sanction from MCD. It is stated that phase-I of the building was completed in March, 2005, and on 09.06.2016, the L&DO had demanded ₹35,73,728/- towards regularisation of alleged breaches, which the petitioner paid on 14.06.2016. The L&DO had thereafter issued an NOC valid till 31.12.2016. It is further stated that Phase- II of the building was completed by 15.06.2021. The petitioner had applied to MCD for a Completion/Occupation Certificate on 12.07.2021 and, upon MCD requiring a fresh L&DO NOC, sought inspection and issuance of a fresh NOC from L&DO on 30.07.2021 and 28.10.2021. The L&DO had issued an inspection notice on 05.11.2021 and conducted/fixed further inspections, including on 11.05.2022, following which a breach notice was issued. The L&DO had issued a further inspection notice in October 2022, requiring the petitioner to furnish a completion plan from MCD, followed by the impugned breach notice dated 16.01.2023. The petitioner had replied on 27.01.2023 and submitted further representations dated 13.03.2023, 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 17/08/2026 at 11:54:14 08.04.2023 and 01.03.2024, but had received no decision. The petitioner had also sought refund of the penalty of ₹35,73,728/- through representation dated 25.03.2022, which remains undecided. Now, after 3 years, a fresh inspection notice was issued on 04.06.2026 and an inspection was conducted on 23.06.2026, but could not be completed due to paucity of time. The concerned Inspector stated that a further inspection notice would be issued. 6. Aggrieved by the continuing proceedings and failure to decide its pending representations, the petitioner has filed the present writ petition. 7. The learned counsel appearing for respondent no. 2 states that a fresh inspection will be conducted within four weeks from date. 8. After hearing learned counsels appearing on behalf of the parties and in view of the issue involved in the instant petition, this Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation, including the representation earlier filed, on behalf of the petitioner, and the respondents are directed to decide the same, within a period of four weeks from date, under intimation to the petitioner herein. 9. In above terms, the present petition stands disposed of. 10. In case of any further grievance, the petitioner will be at liberty to approach this Court by filing fresh writ petition. 11. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 12, 2026/A/VS 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 17/08/2026 at 11:54:14