Delhi High Court - Orders
South Patel Nagar 9 Block And Ranjit ... vs Shri Ashwani Kumar Ias Commissioner on 9 January, 2026
Author: Sachin Datta
Bench: Sachin Datta
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1207/2024
SOUTH PATEL NAGAR
9 BLOCK AND RANJIT NAGAR .....Petitioner
Through: Mr. Prabhav Pachauri, Adv. (VC).
versus
SHRI ASHWANI KUMAR IAS COMMISSIONER.....Respondent
Through: Mr. Pulkit Garg, Adv. for MCD.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 09.01.2026
1. The present petition alleges wilful disobedience/non-compliance with the directions contained in the order dated 09.05.2024. The same reads as under:
"1. The present petition has been filed by the petitioner being aggrieved by the alleged illegal operation of e-libraries, gyms, commercial office in No.9 Block, South Patel Nagar, Ranjit Nagar, New Delhi-110008.
2. It is submitted that the respondent/MCD is not discharging its statutory responsibility of preventing the use of the premises for the purpose of the aforesaid unauthorized activities.
3. Reference has been made to the following premises in the writ petition where unauthorized activities are allegedly been carried out:
4. Learned counsel for MCD, who appears on advance notice submits that 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 12/01/2026 at 20:37:06 the property in question shall be duly inspected within a period of four weeks from today and if any unauthorized activity is found to be carried out or proposed to be carried out and/or any unauthorized construction in the form of deviation qua the sanction plan and/or non-compliance with fire related regulations/byelaws is found, appropriate action in accordance with law shall be taken after following due process of law and after giving notice to the owner/occupier of the property in question.
5. The above statement by learned counsel for the MCD is taken on record.
6. In view of the aforesaid, learned counsel for the petitioner does not wish to press the present petition at this stage. The same is accordingly disposed of.
7. In case, there is any deficiency in the action taken by the MCD, the petitioner shall be at liberty to avail appropriate legal remedies in accordance with law."
2. A Status Report has thereafter been filed on behalf of the MCD which discloses as under:
"4. That the answering respondent have been taking appropriate action as per provision of the DMC Act, 1957 in case property being misused in violation of provisions MPD-2021 and applicable laws. The answering respondent has already taken appropriate action against the misuse being carried out in the properties mentioned in the present petition and in order dated 09.05.2024 passed in the WPC No. 6602/2024 by the Hon'ble High Court of Delhi. The details of the properties are as under:
(i) Property No. 9/1, Basement, South Patel Nagar, New Delhi.
It was found that the basement of the property was being used of commercial purpose in forms of 'FIT PROS GYM' in violation of the provisions of the MPD-2021. Accordingly, a show cause notice u/s 345 A rw Section 347 of the DMC Act, 1957 had been issued to the owner/occupier of the property. Thereafter an order of sealing u/s 345 A r/w Section 347 of the DMC Ac, 1957 had been passed vide no. 17/Mis/Seal/EE(B)/KBZ/2024 dated 02.08.2024 and the basement of the property was sealed at one point at basement entry point in the presence of police staff Ranjeet Nagar on 05.08.2024.
(ii) Property No. 9/6, Basement, South Patel Nagar, New Delhi.
It was found that the basement of the property was being used of commercial purpose in forms of FITNESS MART UNISEX GYM' in 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 12/01/2026 at 20:37:06 violation of the provisions of the MPD-2021. Accordingly, a show cause notice u/s 345 A r/w Section 347 of the DMC Act, 1957 had been issued to the owner/occupier of the property. Thereafter an order of sealing u/s 345A r/w Section 347 of the DMC Act, 1957 had been passed vide no.18/Mis/Seal/EE(B)/KBZ/2024 dated 02.08.2024 and the basement of the property was sealed at one point at basement entry point in the presence of police staff Ranjeet Nagar on 05.08.2024.
(iii) Property No. 9/9, Basement, South Patel Nagar, New Delhi.
It was found that the basement of the property was being used of commercial purpose in forms of 'Sethi Seth & Associates and GRAS AND ASSOCIATES' in violation of the provisions of the MPD-2021. Accordingly, a show cause notice u/s 345 A r/w Section 347 of the DMC Act, 1957 had been issued to the owner/occupier of the property. Thereafter an order of sealing u/s 345A r/w Section 347 of the DMC Act, 1957 had been passed vide no. 19/Mis/Seal/EE(B)/KBZ/2024 dated 02.08.2024 and the basement of the property was sealed at one point at basement main entry in the presence of police staff Ranjeet Nagar on 05.08.2024.
(iv) Property No. 9/10, Basement, South Patel Nagar, New Delhi.
It was found that the basement of the property was being used of commercial purpose in forms of COSMIC LIBRARY inviolation of the provisions of the MPD-2021. Accordingly, a show cause notice u/s 345 A r/w Section 347 of the DMC Act. 1957 had been issued to the owner/occupier of the property. Thereafter an order of sealing u/s 345A r/w Section 347 of the DMC Act, 1957 had been passed vide no.20/Mis/Seal/EE(B)/KBZ/2024 dated 02.08.2024 and the basement of the property was sealed at one point at basement entry point in the presence of police staff Ranjeet Nagar on 05.08.2024.
(v) Property No. 3285, Ground Floor, Ranjeet Nagar, Delhi.
It was found that the ground floor of the property was being used of commercial purpose in forms of JJ. LIBRARY', "ANI Luxry Unisex Salon"
and "Sokhi Properties" in violation of the provisions of the MPD-2021. Accordingly, a show cause notice u/s 345 A r/w Section 347 of the DMCAct, 1957 had been issued to the owner/occupier of the property. Thereafter an order of sealing u/s 345A r/w Section 347 of the DMC Act, 1957 had been passed vide no. 21/Mis/Seal/EE(B)KBZ/2024 dated 02.08.2024 and the ground floor of the property was sealed at three points at ground floor entry point in the presence of police staff Ranjeet Nagar on 05.08.2024.
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 12/01/2026 at 20:37:06
(vi) Property No. 3288, Basement, Ranjeet Nagar, Delhi.
It was found that the basement of the property was being used of commercial purpose in forms of 'SAA LIBRARY' in violation of the provisions of the MPD-2021. Accordingly, a show cause notice u/s 345 Ar/w Section 347 of the DMC Act, 1957 had been issued to the ovwner/occupier of the property. Thereafter an order of sealing u/s 345A r/w Section 347 of the DMC Act, 1957 had been passed vide no.22/Mis/Seal/EE(B)/KBZ/2024 dated 02.08.2024 and the basement of the property was sealed at one point at basement entry point in the presence of police staff Ranjeet Nagar on 05.08.2024. The copy of the sealing orders passed in respect of above six properties are annexed herewith as Annexure-A (colly).
5. That in addition to above the following properties falling in Ward No. 87 East Patel Nagar (Ranjeet Nagar) have also been sealed on account of misuse being carried out in violation of the provisions of MPD-2021 by the answering respondent:
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 12/01/2026 at 20:37:06
6. That the Division Bench-1, headed by Hon'ble Chief Justice is seized of similar matters in the matter of Kutumb Through it's Trustee Vs Govt. of NCT of Delhi & Ors. and Amrik Singh Babbar V/s GNCTD & ORS."
3. It appears that the requisite action has been taken by the MCD in terms of the order dated 09.05.2024 and it cannotbe said that there is any wilful disobedience of the directions contained therewith.
4. As such, the present petition is disposed of in the above terms.
5. In case the petitioner is aggrieved on any further account, it shall be at liberty to avail appropriate remedies under law.
SACHIN DATTA, J JANUARY 9, 2026/at 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 12/01/2026 at 20:37:06