Manno Devi v. Municipal Corporation of Delhi

1. The present writ petition has been filed by the petitioner seeking quashing of the order dated 23rd January 2026 passed by the respondent/MCD on the regularisation application filed by the petitioner on 29th October, 2025 in respect of property bearing Khasra No.132/2, Area Khasra No.113/2 Measuring 290 Square Yards (Built-Up Area 242 Square Meters), Village Wazirabad, Near Biodiversity Park, Delhi-110084.

2. The facts necessary for deciding the present petition are as follows:

2.1. The petitioner claims to be the owner and in settled possession of the subject property. The petitioner asserts that she acquired the said property through General Power of Attorney, Agreements to Sell, Wills, Receipts, Possession Letters and other allied documents.

2.2. It is stated that the petitioner has raised constructions on the said property, comprising four floors, i.e. ground, first, second and third floor and a stair cover and water tank above the third floor. In respect thereof, the respondent/MCD booked the subject property and issued a demolition order dated 12th March 2024, followed by orders dated 5th August 2024, 5th December 2024, in respect of the unauthorised construction carried out by the petitioner in the subject property.

2.3. The petitioner submitted replies thereto on 19th March 2024 and 12th July 2024, 6th December 2024, contending that the said construction was undertaken on account of the building structure being old.

2.4. The petitioner preferred a writ petition before this Court, being W.P.

(C) No.13833/2025, wherein vide order dated 9th September 2025, an interim protection was granted until the hearing on the stay application takes place before the Appellate Tribunal MCD.

2.5. Pursuant to the aforesaid order, the petitioner submitted an application for regularisation on 29th October, 2025, before the respondent/MCD. The respondent/MCD, vide impugned order dated 23rd January 2026, rejected the regularisation application on the ground that the petitioner had failed to produce valid title documents in the nature of a registered sale deed.

2.6. Thereafter, a demolition notice dated 30th January 2026, was also issued by the respondent/MCD.

2.7. Aggrieved by the rejection of her regularisation application, the petitioner has approached this Court by way of the present writ petition.

3. It is the case of the petitioner that the respondent/MCD has rejected the application of the petitioner on an erroneous ground that the petitioner is not the owner of the property in question, as the petitioner has failed to produce any title documents in her favour.

4. The earlier writ petition filed by the petitioner being, W.P.(C) 17435/2025, was disposed of vide order dated 17th November, 2025 with the following directions:-

5. Mr. Rajesh Yadav, senior counsel appearing on behalf of the petitioner, submits that under Section 343 of the Delhi Municipal Corporation Act, 1957 (hereinafter ‘DMC Act’), there is no requirement for a person to be the owner of the property in respect of which unauthorised construction has been carried out.

6. A reference may be made to Section 343 (1) of the DMC Act, which is set out below:-