The Delhi High Court, in a recent order dated 30th July 2025, granted partial relief to Anijay Tyagi, who had approached the court seeking directions for the Municipal Corporation of Delhi (MCD) to act upon his representation dated 22nd July 2025. The representation was aimed at complying with the Court’s earlier order passed on 15th May 2025 in W.P.(C) 6522/2025.
Background of the Case
The petitioner had previously agreed to demolish unauthorized deviations in his property, based on a list provided by the MCD. However, he failed to comply with the deadline of ten weeks (which ended on 25th July 2025), citing medical reasons. According to the petitioner, he has a serious back issue and has been advised complete bed rest, which made it impossible for him to carry out the demolition work.
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The petitioner also submitted that his architect had reviewed the MCD's list of deviations and found that the list exaggerated the extent of violations, with several areas being compoundable. Despite this, the MCD argued that:
“The petitioner has approached the Court belatedly and has not taken any steps despite being given ample time.”
The MCD counsel also pointed out that there was no formal proof submitted about engaging an architect.
After hearing both sides, Justice Mini Pushkarna issued a set of balanced directions considering the medical condition of the petitioner:
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“The directions given in the order dated 15th May 2025 shall be complied with within an additional six weeks.”
- The petitioner is allowed to file a regularization application with MCD, supported by a site plan prepared by an architect, within two weeks.
- MCD shall consider the regularization application as per law.
- Meanwhile, the petitioner must start demolishing portions that are non-compoundable, even according to him.
- If MCD finds that the deviations listed are valid, the same shall be communicated to the petitioner for necessary action.
- No coercive action shall be taken by MCD during this six-week period, provided the petitioner complies with the accepted deviations.
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Case Title: Anijay Tyagi vs Municipal Corporation of Delhi & Ors.
Case Number: W.P.(C) 11180/2025 & CM APPL. 45873/2025
Date of Decision: 30th July, 2025
Petitioner’s Counsel: Mr. Yogesh Kumar Rajput and Mr. Vijay Kumar Dwivedi
Respondent’s Counsel: Ms. Sanam Tripathi and Mr. Apaan Mittal