Delhi High Court - Orders
Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 9 May, 2025
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 301/2025, CM APPL. 28382/2025, CM APPL. 28383/2025,
CM APPL. 28384/2025 & CM APPL. 28388/2025
PUSHPANJALI FARM OWNERS AND
RESIDENTS
ASSOCIATION .....Appellant
Through: Mr.Sudhir Nandrajog, Sr.Adv. with
Ms.Smiti Verma, Mr.Pranay Chitale,
Mr.Beeleena Biju, Ms.Ankita Singh,
Advs.
versus
MUNICIPAL CORPORATION OF DELHI & ORS .....Respondents
Through: Mr.Ashutosh Gupta, ASC with
Mr.Arman Monga, Adv for MCD.
Ms. Gauri Goburdhun, SPC for R-3.
Mr.Sunil Dalal, Sr.Adv. with
Mr.Nikhil Beniwal, Ms.Shipra Bali,
Ms.Riya Rana, Advs for R-4-6.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 09.05.2025
1. Issue notice. Mr.Ashutosh Gupta, Ms.Gauri Goburdhun and
Mr.Nikhil Beniwal, Advocates accept notice for respondent nos.1 & 2, respondent no.3 and respondent nos.4 to 6 respectively.
2. The issue raised in this matter pertains to allegations regarding certain illegal constructions, which are said to be raised in the farm house in question.
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3. It has been stated by Mr.Ashutosh Gupta, learned counsel for the respondent nos.1 and 2 that, in fact, the farm house comprises of a pakka structure and certain open land and further that in respect of the pakka structure the occupier/owner of the farm house had got necessary sanctions from the Municipal Corporation of Delhi(MCD) in the year 2009 and that pakka structure as it stands today is in tune with the sanction accorded.
4. He has further stated that in the open spaces in the farm houses certain temporary structures are permissible in terms of the policy for holding social functions in eligible farm houses embodied in the circular dated 17.08.2022 issued by the MCD. He stated that earlier the private respondents were issued a notice by the MCD for raising certain irregular/illegal construction. However, on reply filed by the private respondents to the said notice, the competent authority of the MCD passed a reasoned and speaking order, whereby it has been held that the structures being raised are covered by the permissible temporary structure as per the policy dated 17.08.2022.
5. Learned senior counsel for the appellant on the other hand has taken us to certain photographs which are available at pages 268 and 272 of this LPA, which prima facie show certain structures where steel and even bricks and a laid foundation are visible.
6. Learned counsel representing the private respondents has, however, argued that the material used in the said structure are covered within the definition of phrase "pandal" as defined in clause 2(b) of the policy contained in the circular dated 17.08.2022.
7. Having regard to the facts and circumstances, we find it appropriate to appoint a Local Commissioner to inspect and report to the Court as to whether structures standing in the farm houses in question is in conformity with 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 29/06/2025 at 23:15:09 policy dated 17.08.2022 or not.
8. We, thus, appoint Ms.Shreya Jetly, a practicing Advocate[Mob No.9555114650] of this Court and an expert in the area of civil engineering to be nominated by the Director, IIT Delhi as Local Commissioners.
9. The Commissioners shall visit the farm house in question and after necessary inspection and enquiries, shall report to the Court as to whether the structure standing thereon is in conformity with the policy contained in the circular dated 17.08.2022 or not. The report of the Commission shall be submitted within fifteen days.
10. The learned counsel representing the MCD/respondent nos.1 & 2 shall co-ordinate with the Director, IIT Delhi and Ms.Shreya Jetly, Advocate as also to the parties for smooth conduct of the Commission as is being ordered by us.
11. Learned senior counsel for the private respondents has stated that, in fact, the writ petition itself before the learned Single Judge was filed with the mala fide intention and it was a proxy litigation. Let the respondents file an affidavit to that effect.
12. He has also stated that in the vicinity there are various other structures akin to the structures, which are engaging attention of this Court in the matter and the said structures are also required to be enquired into. Let details of such structures be also filed by respondents while filing the affidavit under this order.
13. We further direct that at the time of inspection and enquiry as is being ordered, the SHO concerned shall make appropriate security arrangements.
14. Each member of the Commission shall be paid a sum of Rs.50,000/- by the appellant through Demand Draft/Pay Cheque/Electronic Mode within This is a digitally signed order.
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15. The application being CM APPL. 28384/2025 is, accordingly, disposed of.
16. List on 27.05.2025. The matter be placed High on Board.
17. The Registry is directed to communicate this order to the Director, IIT Delhi and the Local Commissioners.
DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J MAY 9, 2025 S.Rawat 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 29/06/2025 at 23:15:09