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2026 Supreme(Online)(Del) 4742

IN THE HIGH COURT OF DELHI AT NEW DELHI
OM VIHAR RESIDENT WELFARE ASSOCIATION REGD THROUGH ITS PRESIDENT SH AMIT DEV CHOUDHARY VS. GOVERNMENT OF NCT OF DELHI THROUGH SECRETARY & ORS.
W.P.(C) 17580/2025



$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17580/2025 with CM APPL. 2249/2026 VIJAY KUMAR BANSAL .....Petitioner Through: Mr. Murari Tiwari, Mr. Rahul Kumar and Ms. Indira Murthy, Advocates versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr. Kapil Dutta, Standing Counsel for MCD with Mr. Sandeep Kumar, Advocate for MCD Mr. Arjun Mahajan, SC with Ms. Monica Batra, Mr. Apoorv Upmanyu, Mr. Ravi Kant Barnawal and Mr.

Mohit, Advocates for R-2 Mr. Ripin Sood and Mr. Abhinav Singh, Advocates for R-3 Mr. Tanveer Ahmed Ansari, Senior Panel Counsel for R-4 Mr. Aseem Mehrotra, Mr. Samant Singh, Ms. Deeksha Mehrotra and Ms. Anu H. Kirutthika, Advocates for R-5 CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 24.02.2026

1. A status report has been handed over by the respondent no.1/ MCD in Court.

1.1. The same is taken on record.

2. In terms of the status report, the property being R-552, Shanker Road, New Rajinder Nagar, New Delhi (hereinafter ‘subject property’) abuts a notified road and can be used for commercial activities as per the provisions of MPD-2021. It is further stated that a sanction plan dated 27th April, 2016 has been obtained for construction in the subject property with attributes basement, stilt, ground floor, first floor, second floor and third floor. Further, conversion charges have been paid for carrying out commercial activities on the basement, ground floor, first floor, second floor and third floor of the subject property.

3. In the status report, it has also been confirmed that appropriate license for running a gymnasium has been received by the respondent no.5. However, since a gymnasium was being run on the terrace of the subject property, a show cause notice has been issued on 15th January, 2026.

4. In terms of the status report, the subject property has also been booked for unauthorised construction by way of deviation/ excess coverage on various floors.

5. Sealing action under Section 345A of the Delhi Municipal Corporation Act, 1957 has also been initiated for misuse of the basement of the subject property for commercial purposes and the fourth floor for running of a gymnasium without complying with the provisions of MPD- 2021. Sealing show cause notices dated 29th January, 2026 and 30th January, 2026 have been issued for the basement and fourth floor of the subject property respectively.

6. Counsel appearing on behalf of the respondent no.5 submits that the respondent no.5 has ceased to run a gymnasium on the fourth floor of the subject property.

7. In view of the status report filed on behalf of the respondent no.1/

MCD, the grievance raised in the present writ petition stands satisfied.

8. Accordingly, the present writ petition is disposed of while directing the respondent no.1/ MCD to take appropriate action in accordance with law.

9. All pending applications stand disposed of.

AMIT BANSAL, J FEBRUARY 24, 2026 ds

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