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Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 23 September, 2025

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~9
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         LPA 301/2025, CM APPL. 28382/2025, CM APPL. 28383/2025,
                                    CM APPL. 28388/2025 & CM APPL. 34906/2025
                                    PUSHPANJALI FARM OWNERS AND RESIDENTS
                                    ASSOCIATION                            .....Appellant
                                                 Through: Mr. Sudhir Nandrajog, Sr. Adv. with
                                                          Ms. Smiti Verma, Mr. Pranay Chitale,
                                                          Mr. Beeleena Biju and Ms. Ankita
                                                          Singh, Advs.
                                                 versus

                                    MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents
                                                   Through: Mr. Sunil Dalal, Sr. Adv. with Mr.
                                                            Nikhil Beniwal, Mr. Ankit Rana, Ms.
                                                            Shipra Bali, Mr. Bharat Khurana &
                                                            Mr. Sarthak Malhotra, Advs. for R-
                                                            5&6.
                                    CORAM:
                                    JUSTICE PRATHIBA M. SINGH
                                    JUSTICE SHAIL JAIN
                                             ORDER

% 23.09.2025

1. This hearing has been done through hybrid mode.

2. This is an application seeking condonation of delay of 69 days in filing the present appeal. For the reasons stated in the application, the delay is condoned. Application is disposed of.

3. This is an application to bring on record certain additional documents. For the reasons stated in the application, the additional documents are taken on record. Application is 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 25/09/2025 at 22:01:51 CM APPL. 34906/2025

4. This application has become infructuous in view of the subsequent orders. The application is dismissed as infructuous. LPA 301/2025 & CM APPL. 28382/2025

5. Vide order dated 8th July, 2025, this Court directed the Municipal Corporation of Delhi (hereinafter, 'MCD') to peruse the reports filed by Prof. Shashank Bishnoi from IIT Delhi and Dr. Anupam Chakraborty of IIT Roorkee and file its stand on an affidavit by the next date of hearing.

6. Today, Mr. Ashutosh Gupta, ld. Counsel for the MCD is not audible though he has tried repeatedly to log in to the virtual platform. The status report of the MCD has been perused. After perusing the said status report it is seen that the stand of the MCD is that for erection of pandals and to ensure their stability, bolting is necessary but the same is not legally permissible as on today. The policy/circular dated 17th August, 2022 may require amendments or additions. The extract of the status report of the MCD is set out below:

"7. That 'Pandal' as defined in section 2(b) of the policy/ circular dated 17.08.2022 is not in consonance with the objective to achieve the minimum Indian Standards and appropriate structural stability. The policy/ circular dated 17.08,2022, was issued with the prior approval of the Corporation, vide decision / resolution No. 79 dated 01.08.2022, as such, in order to bring forth any amendment or addition to any portion of the said policy / circular, including amendment or addition to the definition of the term 'Pandal', prior approval of the said Corporation is required to be obtained. The Respondent would place a suitable proposal before the Corporation to amend and include the use of such materials/ objects as are essential to achieve the necessary structural stability and required Indian Standards.

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 25/09/2025 at 22:01:51

8. That the answering Respondent, thus requires appropriate time to bring forth/ introduce the necessary amendment/ addition in the policy/ circular dated 17.08.2022, not limited to the extent of adding or amending the term Pandal' but also to any other clause or portion of the same."

7. The Court has also heard both ld. Sr. Counsels for the Appellant as well as the Respondent Nos. 4, 5 and 6. Mr. Dalal, ld. Sr. Counsel, submits that Respondent Nos. 4. 5 and 6 are the lessors/ owners of this property and that the lessee is one Mr. Sandeep Bawa who has been erecting the structure in Pushpanjali Farms.

8. In view of the fact that the lessee would be directly affected by any order passed by this Court, the M/s Elite Hospitality Group, Mr. Sandeep Bawa, Mr. Sanjeev Sethi and Mr. Karan Bawa are impleaded as Respondent Nos. 7 to 10.

9. Let the amended memo of parties be filed by the Appellant within one week.

10. Let notice be served upon the newly impleaded Respondents by the Registry.

11. Since Mr. Dalal, ld. Sr. Counsel, already represents them, let a vakalatnama be filed by the instructing counsel in this regard.

12. The MCD shall take a final stand as to whether the policy/circular dated 17th August, 2022, is under consideration for amendment or not.

13. List on 2nd December, 2025.

PRATHIBA M. SINGH, J.

SHAIL JAIN, J.

SEPTEMBER 23, 2025/dj/ck/rm LPA 301/2025 Page 3 of 3 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 25/09/2025 at 22:01:51