Triveni Commercial Complex Welfare Association v. Sanjeev Khirwar, Commissioner, MCD & Anr.

1. The present petition has been filed alleging wilful disobedience of the judgment dated 26th May, 2011 passed by the Court of Additional Senior Civil Judge (North), Tis Hazari Courts, Delhi, in Suit No. 318/09/99 (Old 688/99), whereby, the suit instituted by the petitioner came to be decreed in their favour, and binding directions were issued against the Municipal Corporation of Delhi (“MCD”), in respect of the open/common parking area, forming part of Triveni Commercial Complex, Sheikh Sarai, Phase-I, New Delhi.

2. By way of the aforesaid judgment dated 26th May, 2011, the following directions were issued: “xxx xxx xxx ”

3. Learned counsel appearing for the petitioner submits that despite the aforesaid clear directions, an E-tender has now been issued by the respondent-MCD for allotment of surface parking sites, which also includes the said area, which is the subject matter of the aforesaid judgment.

4. He has drawn the attention of this Court to the E-tender dated 13th July, 2026, wherein, at Serial no. 18, the Triveni Shopping Complex, Chirag Delhi has been included as a parking site, within which the area in question is situated.

5. Today, learned counsel for the respondent has handed over to this Court a short affidavit on behalf of the respondent-MCD, which is taken on record. The relevant portions of the said affidavit, reads as under: “xxx xxx xxx xxx xxx xxx”

6. Perusal of the aforesaid short affidavit shows that it is the case on behalf of MCD that the concerned officials of the MCD were not aware of the judgment dated 26th May, 2011, with regard to maintenance of status quo of the parking site in question. Thus, inclusion of the area in question in the tender for parking, was inadvertent.

7. This Court further notes the submissions made by learned counsel for the respondent that the subject parking site is being dropped from the list of parking sites as advertised in the E-tender, in accordance with the directions for maintenance of status quo of the parking site in question.

8. Accordingly, it is directed that the open area forming part of Triveni Commercial Complex, Sheikh Sarai, Phase-I, New Delhi, shall be excluded from the E-tender dated 13th July, 2026 floated by the MCD for allotment of surface parking sites.

9. In case the petitioner is aggrieved in future, by any action or nonaction of the MCD, the petitioner would be at liberty to seek its remedies in accordance with law.

10. Resultantly, the present petition, along with pending application, is disposed of, in terms of the aforesaid. MINI PUSHKARNA, J JULY 30, 2026