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Delhi High Court - Orders

Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 24 December, 2025

                               $~20
                               *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                               +        W.P.(C) 19750/2025, CM APPL. 82471/2025 & CM APPL.
                                        82472/2025

                                        PUSHPANJALI                    FARM             OWNERS                AND
                                                                                                              RESIDENTS
                                        ASSOCIATION                                                           .....Petitioner
                                                                     Through:          Mr. Rajshekhar Rao, Sr. Adv. with
                                                                                       Ms. Smiti Verma, Ms. Beleena Biju,
                                                                                       Mr. Aditya Dutta, Ms. Aashna
                                                                                       Chanda, Advocates (M:9910986997)
                                                                                       Email:[email protected]
                                                                     versus

                                        MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents
                                                      Through: Mr. Kapil Dutta, Advocate for MCD
                                                               (M:9811135509)
                                                               Mr. Kartik Bhatnagar, CGSC with
                                                               Mr. Dinesh Vishwakarma, Advocates
                                                               along with Ms. Aarti Yadav, SI-
                                                               Kapashera (M:7379395843)
                                                               Mr. Lalltaksh Joshi, Ms. Seema
                                                               Gupta,     Advocates    for    R-4
                                                               (M:94367031727)
                                                               Advocate for R-5 (through VC)
                                                               (appearance not given)
                                        CORAM:
                                        HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                                     ORDER

% 24.12.2025 CM APPL. 82472/2025 (For Exemption)

1. Exemption allowed, subject to all just exceptions.

2. Application is accordingly disposed of.

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 24/12/2025 at 21:01:53 W.P.(C) 19750/2025 & CM APPL. 82471/2025

3. The present writ petition has been filed seeking directions to respondent nos. 1 to 4, to stop and demolish the illegal and unauthorized construction of Banquet Hall/Barat Ghar being carried out on agricultural land bearing Khasra Nos. 75/17/2 (2-9), 18/1 (2-6), 22/3 (2-8), 23 (4-16), 24/1 (2-12), 28 (0-2), 86/2 (3-7), 3 (2-14) situated in the revenue estate of Village Bijwasan, New Delhi, Latitude 28°31'53.58"N, Longitude 77° 4'0.46"E, in violation of the Restraint Order dated 25th March, 2025 issued by the Sub-Divisional Magistrate ("SDM") Kapashera.

4. Learned Senior Counsel for the petitioner draws the attention of this Court to the various photographs attached with the present petition to submit that unauthorized construction is going on in the property in question.

5. Issue notice. Notice is accepted by learned counsel for respondent nos. 1 to 5.

6. Issue notice to respondent no. 6 by all modes.

7. Learned counsel for respondent no. 5 submits that respondent no. 5 is the son of the owner of the subject property, i.e., Ms. Kalawati.

8. Accordingly, with the consent of the parties, Ms. Kalawati is impleaded as respondent no. 7 in the present petition.

9. The requisite details of the Ms. Kalawati shall be provided by learned counsel for respondent no. 5, to learned counsel for the petitioner, on the E- mail, which is reflected in today's order. Let the said details be provided, within two days from today.

10. Amended Memo of Parties be filed by the petitioner, within a period of ten days.

11. Learned counsel for the respondent-MCD submits that permission to 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 24/12/2025 at 21:01:53 hold social functions has been granted by the MCD to respondent no. 6, on the subject property.

12. On a pointed query by this Court, as regards any sanction for building plan, learned counsel for the MCD submits that he has to take instructions in that regard.

13. Accordingly, let reply/Status Report be filed by the respondents, within a period of four weeks, from today.

14. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.

15. In the meanwhile, the Station House Officer ("SHO"), Police Station Kapashera, shall ensure that no further unauthorized construction takes place in the property in question.

16. Re-notify on 22nd April, 2026.

MINI PUSHKARNA, J DECEMBER 24, 2025/au 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 24/12/2025 at 21:01:53