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2026 Supreme(Online)(Del) 695
IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
Deluxe Stores – Appellant
Versus
New Delhi Municipal Council – Respondent
CM APPL. 79445/2025 | W.P.(C) 9749/2022
For the Appellants/Petitioners: B.K. Sood, Manik Sood, Jyotsna Bhardwaj
For the Respondents: Tushar Sannu, Shivam, Febin Mathew Varghese
A municipal authority cannot insist upon the production of a complete chain of ownership documents from a long-term tenant for the purpose of granting permission for structural repairs when other valid ownership and structural certifications have been provided.
Headnote:The petitioner filed an application seeking directions to the municipal body for the processing of a repair and renovation request regarding a damaged roof. The primary facts involve the petitioner, a long-term tenant, seeking permission to clear debris and repair the premises. The court determined that in light of the tenant's long-standing occupancy, the requirement for a full chain of ownership documents was unreasonable given the provided owner's NOC. The core issue was whether a tenant-occupant could be compelled to produce a complete chain of ownership under municipal building bye-laws for the purpose of minor structural repairs. The court held that the request for repairs should be processed once relevant statutory clearances, such as the NOC from the heritage authority, are submitted, finding that the structural audit and engineer's certification were sufficient for administrative purposes. The petition and all pending applications were hereby disposed of.
| Table of Content |
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| 1. summary of facts and contentions regarding repair permission and document requirements. (Para 1 , 2 , 3 , 5 , 6 , 7) |
| 2. court's determination on tenant's obligation regarding ownership proof for minor repairs. (Para 4 , 8 , 9 , 10 , 11 , 12 , 13) |
O R D E R
12.01.2026
W.P.(C) 9749/2022 & CM APPL. 79445/2025
1. The present application has been filed on behalf of the petitioners for directions to the respondents no.1 and 2/New Delhi Municipal Council (“NDMC”), to process the petitioners’ application for repair/renovation of Plot No. 63 (Second Floor), Regal Building, without further delay.
2. It is submitted that as recorded in the order dated 8th July, 2022, a portion of the roof of the property of the petitioners had fallen sometimes in July/August, 2020. The petitioners had, thus, sought permission from NDMC for clearance of debris and for repair/reconstruction of the roof.
3. It is further submitted that on 11th September, 2025, the respondent/NDMC had sent a notice regarding shortcoming of certain documents. However, all the documents sought therein had already been duly submitted by the petitioners to the respondent/NDMC. Nevertheless, along with the present application, all the said documents have also been placed on record before this Court. Thus, that there is no impediment in expeditiously considering the application of the petitioners.
4. I have heard the counsel for the parties.
5. Counsel for the petitioner submits that insofar as NOC from Archaeological Survey of India (ASI)/ National Monument Authority (NMA) is concerned, the same is still under process and shall be submitted to NDMC as and when the same is approved.
6. Insofar as the remaining documents are concerned, Mr. B.K. Sood counsel appearing on behalf of the petitioner submits that the petitioner is a tenant in the said premises from 1970s. He has placed on record an NOC from the landlord/owner dated 3rd August, 2021.
7. Mr. Tushar Sannu, counsel appearing on behalf of NDMC submits that the complete chain of ownership is required to be provided by the petitioner as per the Unified Building Bye-Laws (UBBL) for Delhi, 2016.
8. In my considered view, taking into account that the petitioner is a tenant in the aforesaid premises and has been in occupation for a long period of time, it cannot be directed to produce the chain of ownership of the property.
9. The petitioner has already provided the Structural Audit Report along with the Qualification Certificate of Structural Engineer.
10. In view of the aforesaid, as and when the petitioner submits the NOC from ASI/NMA, NDMC shall process the application of the petitioner and decide the same within six (6) weeks from the submission of the aforesaid NOC.
11. In the event the permission is granted by NDMC, the petitioner shall proceed to carry out the repair/renovation work strictly in terms of the said permission and ensure structural stability of the portion under its occupation.
12. NDMC shall ensure that any addition/alteration carried out by the petitioner in repair/renovation work is strictly in accordance with the permission so granted.
13. The present writ petition along with all pending application(s) stands disposed of in terms of above.
