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Judgment
MINI PUSHKARNA, J. (Oral):
CM APPL. 43306/2025
The present is a disposed of matter, which has been listed before this Court on account of an application being CM APPL. 43306/2025, filed on behalf of the petitioner for revival of the present writ petition.
Today, learned counsel appearing for the Municipal Corporation of Delhi (“MCD”), has handed over a Status Report, which is taken on record.
The relevant portions of the said Status Report, read as under:
“xxx xxx xxx
3.That it is respectfully submitted that the owner/occupier of the property bearing no. B-2/188, Paschim Vihar, Delhi filed an application for regularization vide file no. 06/Reg./EE(B)-I/KPZ/2025 dated 05.08.2025. The above said application was examined by the department and found some discrepancies / shortcomings. Accordingly, Invalid Notice (I/N) was issued to Smt. Raj Kumari & Sh. Jaspal Aneja, owner of property in question vide letter no. D-775/AE(B)-I/KPZ/2025 dated 26.08.2025. An application dated 16.09.2025 was received from owner, Smt. Raj Kumari & Sh. Jaspal Aneja wherein they sought extension of time for 25 days to submit the documents for regularization of the property in question. The owner of property bearing no. B-2/188, Paschim Vihar, Delhi submitted the reply of I/N vide no. 2534 dated 21.10.2025 alongwith some documents. The same is under consideration that the decision will be taken by the competent authority for deciding the regularization application at the earliest not later than 4 weeks.
4.That Sh. Harish Kumar Chauhan, owner/occupier of the property bearing no. B-2/189, Paschim Vihar, Delhi filed an application for regularization vide file no. 08/Reg./EE(B)-I/KPZ/2025 dated 14.06.2024. The above said application was examined by the department and found some discrepancies / shortcomings. Accordingly, Invalid Notice (I/N) was issued to Sh. Harish Kumar Chauhan, owner/occupier of the property in question as well as architect vide letter no. D-321/AE(B)-I/KPZ/2024 dated 08.07.2024. In response to the above Invalid Notice dated 08.07.2024, no reply was received from owner, Sh. Harish Kumar Chauhan & Architect. Accordingly, the regularization application of the property bearing no. B-2/189, Paschim Vihar, Delhi was rejected vide letter no. D-929/AE(B)-I/KPZ/2025 dated 03.10.2025. The copy of rejection letter dated 03.10.2025 is annexed herewith as Annexure-‘A’.
Perusal of the aforesaid Status Report shows that as regards the property bearing No. B-2/188, Paschim Vihar, Delhi, application for regularization is pending before the MCD.
Further, as far as the property bearing No. B-2/189, Paschim Vihar, Delhi is concerned, the regularization application filed with respect to the said property has been rejected vide letter dated 03rd October, 2025.
At this stage, learned counsel appearing for respondent no. 4, i.e., the owner/occupier of the property bearing No. B-2/189, Paschim Vihar, Delhi submits that he may be granted liberty to file an appeal against the aforesaid rejection letter dated 03rd October, 2025.
He further submits that no coercive action be taken against his property for a limited period, in order to allow respondent no. 4 to file an appeal against the said rejection letter.
Accordingly, considering the submissions made before this Court, it is directed that respondent no. 4 shall file an appeal before the Appellate Tribunal MCD (“ATMCD”) against the rejection letter dated 03rd October, 2025 within a period of four weeks, from today.
Copy of the rejection letter dated 03rd October, 2025 issued by the MCD, shall be supplied to learned counsel for respondent no. 4, on the E-mail, which is reflected in today’s order.
No coercive action shall be taken against the respondent no.4 for a period of four weeks, in order to allow the respondent no. 4 to approach the ATMCD.
It is clarified that this Court has not expressed any opinion on the merits of the case of respondent no. 4, which shall be decided by the ATMCD on its own merits, after considering the facts and circumstances of the present case.
Rights and contentions of the parties are left open.
Noting the aforesaid, the application being CM APPL. 43306/2025, is disposed of.