$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19197/2025 & CM APPL. 79972/2025, CM APPL.

79973/2025 NATIONAL DEFENCE WORKERS CO-OP HOUSING BUILDING SOCIETY LTD. .....Petitioner Through: Mr. Pankaj Sinha, Ms. Humaira Salam, Ms. Garima, Mr. Sunil Tiwari, Mr. Shyam Sunder, Advocates Mob: 9910247816 Email: sinhapankaj81@gmail.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Manu Chaturvedi, Mr. Ahmed Jamal Siddiqui, Mr. Kshitiz Kishor Rail, Mr. Madhav Tripathi and Mr.

Rohit, Advocates for MCD Mob: 9315627955 Email: manuchaturvedi@gmail.com CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 18.12.2025 W.P.(C) 19197/2025 & CM APPL. 79972/2025, CM APPL. 79973/2025

1. The present writ petition has been filed alleging unauthorized construction in the public park, measuring one (1) acre, situated near the Community Centre, Shakti Vihar, Pitampura, Delhi-110034.

2. Learned counsel appearing for the petitioner submits that the petitioner-Society is maintaining two parks in the area, one measuring 1 acre, and the other measuring 0.5 acre, under the Public Private Partnership (“PPP”) Scheme.

3. It is submitted that the respondent Municipal Corporation of Delhi (“MCD”) has commenced construction of a room, measuring 23 ft × 13 ft, along with a toilet, inside the 1-acre park, without any consultation with or approval of the petitioner Society. Thus, the said construction will reduce the green cover and open space and will adversely affect the environment and the children’s play area.

4. Issue notice. Notice is accepted by learned counsel appearing for the respondent.

5. Learned counsel appearing for the respondent submits that the park in question is a public park and though the same is being maintained by the petitioner under the PPP Scheme, however, the same does not confer any ownership right to the Resident Welfare Association (“RWA”).

6. He further submits that as per Chapter 9 of the Master Plan for Delhi, 2021 (“MPD-2021”), in the parks certain amenities are allowed to be constructed, which also includes equipment rooms. He relies upon Chapter 9 of the MPD-2021, and in particular to the notes as mentioned under Table 9.4, titled as “Permission of Use Premises in Sub Use Zones”, wherein, it is stated as follows:

“xxx xxx xxx Notes:

i) The following amenity structures are permissible in the above use premises except in Central Vista and Heritage areas: Toilet blocks, Pump Room, Electric Room, Guard Room, Equipment Room, xxx xxx xxx”

7. Thus, learned counsel appearing for the respondent-MCD submits that only equipment room of 32.5 sq. meters, approximately, is being constructed.

8. Accordingly, let short affidavit be filed by the respondent-MCD, within a period of three weeks, from today.

9. Rejoinder thereto, if any, be filed within a period of one week, thereafter.

10. Re-notify on 20^th January, 2026.

MINI PUSHKARNA, J DECEMBER 18, 2025 ak