Mr Raman Malik vs Municipal Corporation Of Delhi & Ors

Mini Pushkarna, J

The  present  writ petition  has  been  filed seeking directions to the respondent no. 1, i.e., Municipal Corporation of Delhi (“MCD”), to sanction the Building Plan of plot bearing No. C-100, Anand Niketan, New Delhi.

Learned counsel appearing for the petitioner submits that the property in question is a big plot of land measuring 423.20 sq. yards and that the petitioner is the owner of 50% of the front portion of the said property.

Attention of this Court has been drawn to the mutation in favour of the petitioner, which has been effected vide order dated 26th March, 2009 passed by the Delhi Development Authority (“DDA”). The said document, attached as Annexure P-5 to the present petition, is reproduced as under:

Learned counsel appearing for the petitioner further has drawn the attention of this Court to the judgment, attached as Annexure P-11, titled as “Ashok Kapoor and Ors. Versus Municipal Corporation of Delhi”, reported as MANU/DE/1675/2003.

By referring to the aforesaid judgment, learned counsel appearing for the petitioner submits that where the property is segregated into different portions and mutated accordingly, there is no requirement of all the co-owners to sign the Building Plan.

Responding to the present writ petition, learned counsel appearing for the respondent no. 1-MCD submits that the petitioner has applied online for a fresh Building Plan on 07th October, 2025. Furthermore, the application of the petitioner for Sanctioned Building Plan has been processed and that appropriate order shall be passed, within the stipulated time, in accordance with law.

Considering the submissions made before this Court, it is directed that at the time of considering the application of the petitioner for Sanctioned Building Plan, the MCD shall take into account, the mutation in favour of the petitioner, as reproduced, hereinabove, and also the judgment of this Court in the case of Ashok Kapoor (Supra).

Needless to state, in case of any objection, the same shall be duly communicated to the petitioner, who shall be granted opportunity to file any reply, in regard thereto.

With the aforesaid directions, the present writ petition, along with the pending application, is accordingly disposed of.