W.P.(C)/9779/2018 of DDA FLATS SARAI KHALIL RESIDENTS WELFARE ASSOCIATION (REGD.) THROUGH ITS PRESIDENT ASRAR AHMAD Vs NORTH DELHI MUNICIPAL CORPORATION AND ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9779/2018 & CM APPL. 38104/2018

DDA FLATS SARAI KHALIL RESIDENTS WELFARE ASSOCIATION (REGD.) THROUGH ITS PRESIDENT ASRAR AHMAD .....Petitioner ASSOCIATION (REGD.) THROUGH ITS PRESIDENT ASRAR AHMAD .....Petitioner

Through: Ms. Savita Rustogi and Mr. Ashu Tewathia, Advs. Tewathia, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION AND ORS. ORS.

.....Respondents Through: Mr. Ashutosh Gupta, ASC with Mr. Arman Monga, Adv. for MCD Arman Monga, Adv. for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R R17.09.2025

The present writ petition has been filed seeking directions to the

respondents to stop the violation of the Delhi Municipal Corporation Act, 1957 (“DMC Act”) and the Master Plan of Delhi 2021, in the area of Sarai Khalil, Sadar Bazar, Delhi, by taking action against the flats where misuser is being carried out.

2.Learned counsel appearing for the petitioner submits that the flats as mentioned in the petition in Annexures P-3, P-4 and P-5, are being misused for commercial purposes. mentioned in the petition in Annexures P-3, P-4 and P-5, are being misused for commercial purposes.

3.This Court notes the Status Report dated 12[th] May, 2023, filed on behalf of the Municipal Corporation of Delhi (“MCD”), wherein, it is stated as follows: behalf of the Municipal Corporation of Delhi (“MCD”), wherein, it is stated as follows:

“xxx xxx xxx

4.Learned counsel appearing for the respondent-MCD has handed over copy of another additional Status Report dated 16[th] March, 2024, which is taken on record. The said additional Status Report reads as under: “xxx xxx xxx

xxx xxx xxx”

5.This Court takes note of the submission of learned counsel appearing for the MCD that the MCD is taking regular action to ensure that there is no

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misuse in the respective flats in question.

6.Accordingly, the MCD is directed to ensure that the flats in question, which are the subject matter of the present writ petition, are not misused in any manner for any commercial purposes.

7.The MCD shall ensure that the flats in question are used only for residential purposes, and any use of the flats in question, are in terms of the Master Plan of Delhi, 2021.

8.The MCD is held bound to take appropriate action.

9.In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is at liberty to seek remedies, in accordance with law. the MCD, the petitioner is at liberty to seek remedies, in accordance with law.

10.With the aforesaid directions, the present writ petition, along with the pending application, stands disposed of.

SEPTEMBER 17, 2025/KR

MINI PUSHKARNA, J