Summary: On December 12, 2025, the Delhi High Court decided in favor of Nisha Malhotra, allowing her to go ahead with her building plans on her property in Karol Bagh, New Delhi, after a disagreement with the Municipal Corporation of Delhi (MCD).
Nisha Malhotra and another person own a property on Ramjas Road, Karol Bagh. The property was split equally between them and the other two parties by a Partition Deed. However, when Nisha applied to build on her part, the MCD turned it down, saying the plot's division wasn't approved by the Town Planning Department.
Judge Mini Pushkarna explained that dividing property among co-owners doesn't count as dividing the plot into smaller plots. This means Nisha should get her fair share of building space and living units based on the plot size, according to the Master Plan for Delhi, 2021, and the Building Rules of 2016.
"Partition of property between co-sharers does not in any manner amount to sub-division of the property."
The MCD had already approved a plan for the eastern side of the plot for the other two parties. The court noted that there should be no issue in giving a similar approval for Nisha's western side.
"There is no impediment in sanction of Building Plan in favor of the petitioners, for their portion of the plot in question on the western side..."
The court canceled the MCD's refusal from September 11, 2025, and told them to reconsider Nisha's application based on the court's observations. Nisha is expected to meet any additional MCD requirements.
The court's decision allows Nisha Malhotra to move forward with her building plans, ensuring she gets fair treatment in her property rights.
