Delhi High Court - Orders
Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 20 November, 2025
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17639/2025 & CM APPL. 72815/2025
PUSHPANJALI FARM OWNERS AND RESIDENTS
ASSOCIATION .....Petitioner
Through: Mr. Akhil Sibbal, Sr. Adv. with Ms.
Simit Verma and Ms. Beleena Biju,
Advs.
versus
MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents
Through: Mr. Ashutosh Gupta, ASC for MCD
Mr. Kartik Bhatnagar, CGSC with
Mr. Dinesh Vishwakarma and Ms.
Himanshi, Advs. for R-3
SI Mr. Amit Kumar, PS Kapasehra
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 20.11.2025
1. The present writ petition has been filed seeking directions to the respondent nos. 1 to 3, to take appropriate action against the illegal commercial use of Farm House No. F-16, Pushpanjali Farms, Bijwasan, New Delhi-110061, in violation of the respondent no.1's Circular regarding "Policy for Holding Social Functions in Eligible Farm Houses" within the jurisdiction of Municipal Corporation of Delhi dated 17th August, 2022.
2. Learned Senior Counsel appearing for the petitioner submits that the petitioner Association consists of 175 residents of Pushpanjali Farms, who have come before this Court, being aggrieved by the commercial activity being carried out in the farm in question.
3. Learned Senior Counsel appearing for the petitioner draws the 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 21/11/2025 at 23:07:22 attention of this Court to the earlier order dated 02nd March, 2012, passed in W.P.(C) 12203/2009, titled as 'Pushpanjali Farm Owners and Residents Welfare Association, Bijwasan Versus Municipal Corporation of Delhi and Anr.', and in particular, relies upon the following paragraphs:
"1. This petition is filed by the petitioner/Pushpanjali Farm Owners and Residents Welfare Association praying inter alia for directions to the respondents to take immediate steps to stop the commercial activities being carried out in Farms No.F-16, F-20, F-23, F-24, F-30 and H-3 situated at village Bijwasan, Pushpanjali Farm House, New Delhi, and further, for directions to the respondents to comply with the guidelines laid down by the Division Bench of this Court in W.P.(C) 14261/2004 entitled Bharushtrachar Virodhi Sangath vs. Lt.Governor and Ors.
2. Notice was issued on the present petition vide order dated 07.10.2009. Reply affidavits have been filed by respondent No.1/MCD and respondent No.2/Delhi Police. It is stated in the status report filed by respondent No.1/MCD that only Farm No.F-30, Village Bijwasan had been granted permission to hold social functions, but the remaining farm houses, subject matter of the present petition, did not have any permission to use their farm houses for holding social functions. As regards the remaining farm houses, apart from Farm No.24, the owners of Farm House Nos.F-16, F-20, F-23 and H-3 had furnished undertakings to respondent No.1/MCD that they would not violate the terms and conditions of the policy guidelines for permission to hold social functions in farm houses and if they would do so, they would be liable to be proceeded against as per law.
xxx xxx xxx
6. To ensure that in future, the respondents are more vigilant in this regard, it is deemed appropriate to dispose of the present petition with liberty granted to the petitioner/Association to point out any misuser of the farm houses by the owners to the Deputy Commissioner, MCD of the zone, the SHO of the area as also the Deputy Commissioner (Traffic) of the zone. As and when such a complaint is made by the petitioner/Association, the aforesaid authorities shall immediately swing into action and ensure that appropriate measures are taken by them as per law. Dehors the complaints, if any received from the petitioner/Association, the respondents shall discharge their duty to ensure that the there is no misuse of the farm houses and/or no public nuisance created by the owners/occupiers while organizing functions there, if at all permitted. In case the petitioner/Association is aggrieved by the inaction on the part of the respondents, it shall be entitled to seek 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 21/11/2025 at 23:07:22 its remedies as per law.
xx xxx xxx"
(Emphasis Supplied)
4. By referring to the aforesaid order, learned Senior Counsel appearing for the petitioner submits that by the aforesaid order, this Court had issued categorical directions that the Municipal Corporation of Delhi ("MCD") and other authorities shall ensure that there is no misuse of the farm houses, and no public nuisance is created by the owners/occupiers while organizing functions there, if permissible to do so.
5. Learned Senior Counsel appearing for the petitioner also draws the attention of this Court to the order dated 14th December, 2016, passed in CONT.CAS(C) 338/2016, wherein, directions were passed in the following manner:
"Matter has been listed today as 12th December, 2016 was declared holiday on account of Milad-Un-Nabi.
Learned counsel for respondent-MCD states that show cause notices shall be issued within a period of one week to the alleged violators mentioned in the contempt petition. He further assures this Court that the order dated 02nd March, 2012 passed in W.P.(C) 12203/2009 shall be complied with.
In view of the aforesaid statements, the present contempt petition is closed."
(Emphasis Supplied)
6. Thus, learned Senior Counsel appearing for the petitioner submits that this Court had directed that the earlier order dated 02nd March, 2012, shall be duly complied with by the MCD.
7. Learned Senior Counsel for the petitioner further draws the attention of this Court to the Circular dated 17th August, 2022, issued by the MCD, with respect to the "Policy for Holding Social Functions in Eligible Farm Houses" within the jurisdiction of the MCD. Learned Senior Counsel relies 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 21/11/2025 at 23:07:22 upon the said Circular to submit that the farm in question is not even eligible for grant of any permission for holding any functions, as the Circular itself requires a Sanctioned Building Plan and a Completion Certificate of the farm house, qua which such permission is sought. He submits that the farm house in question is a vacant open land and there is no building therein. He submits that temporary pandals are erected for the purposes of holding functions in the farm house in question.
8. He further submits that various complaints have been made by the residents time and again, on account of the nuisance created by holding of the functions in the farm house in question, whereby, there is not only traffic congestion but also loud music is played, which disturbs the peaceful living of the members of the petitioner Association.
9. Learned Senior Counsel appearing for the petitioner further submits that the respondents ought to inspect the premises in question, and verify the misuse in the farm house in question.
10. Issue notice. Notice is accepted by learned counsels appearing for respondent nos. 1 to 3.
11. Issue notice to respondent no. 4, by all modes, upon filing of the Process Fee.
12. Learned counsel appearing for the MCD submits that sanction for holding of social functions had been granted to respondent no. 4 on 08th July, 2024. He, however, submits that the said permission has already expired on 30th June, 2025.
13. He further submits that the MCD is having a re-look at its Circular regarding "Policy for Holding Social Functions in Eligible Farm Houses", with regard to the inclusion of various structures in the definition of 'pandal' 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 21/11/2025 at 23:07:22 as given in the Circular of the MCD. He submits that a detailed affidavit shall be filed by the MCD, bringing all the facts before this Court.
14. Accordingly, let reply be filed by the respondents within a period of four weeks, from today.
15. Rejoinder thereto, if any, be filed within two weeks, thereafter.
16. Considering the submissions made before this Court, in case, there is no valid permission in favour of respondent no. 4, the MCD shall take appropriate action, in accordance with law.
17. Further, the MCD shall also be at liberty to inspect the farm house in question, i.e., the farm house of respondent no. 4, in order to verify the use of the said farm house and the extent of construction exiting therein. The MCD shall ensure that its Circular of 2022, regarding holding of social functions in farm houses, is strictly followed.
18. At the time of the inspection, the concerned officials of the MCD shall keep in mind the various issues, as raised in the present writ petition.
19. It is further directed that at the time of the inspection by the MCD, the requisite Police assistance shall also be provided by the Station House Officer ("SHO"), Police Station, Kapasehra.
20. Further, in case, of any complaint by any member of the petitioner association, the concerned officials of the MCD as well as SHO, Police Station Kapasehra, shall ensure that the said complaints are considered at the earliest and relevant action is taken with regard thereto.
21. Re-notify on 19th March, 2026.
MINI PUSHKARNA, J NOVEMBER 20, 2025/KR 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 21/11/2025 at 23:07:22