Delhi HIgh Court

Delhi HC: Resident Given Chance to Regularize Unauthorized Construction

Updated
Jan 23, 2026 3:07 PM
delhi-hc-resident-given-chance-to-regularize-unauthorized-construction

Summary: Mary Joseph, who lives in Sarita Vihar, New Delhi, is in a disagreement with the Municipal Corporation of Delhi (MCD) over some building work she did on her home. The court has given her a chance to fix the situation.

Mary Joseph's Construction Dilemma

Mary Joseph, who has lived in her apartment in Sarita Vihar, New Delhi, for over 21 years, found herself in a difficult situation. Back in 2007, she did some building work on her property, like adding a rooftop structure and a grill on the terrace. The problem? The MCD says some of this building work wasn't allowed.

MCD's Actions and Demolition

The MCD noticed the unauthorized work in 2020 and even issued an order to tear it down. By 2021, they had already removed some parts of the construction, including a room on the terrace. Two legal complaints were also filed against her, adding to the situation.

Court's Decision: A Chance for Regularization

On December 23, 2025, Justice Mini Pushkarna gave Mary Joseph a chance. She has three weeks to apply for approval of her construction under the DDA's policy. The court made it clear that the MCD has to consider her application and even give her a chance to explain.

"The petitioner is allowed to submit an application for approval of the construction."

Conditions for Regularization

For Mary Joseph to succeed, she must follow all the MCD's instructions, especially removing any parts that cannot be approved. The MCD will check her property to ensure she follows the rules.

No Immediate Action Against Mary Joseph

The court has also protected Mary Joseph from any forceful action while her approval application is being reviewed. The MCD has three months to make a decision.

"No forceful action shall be taken against the petitioner's property while the approval application is being reviewed."

What's Next?

If Mary Joseph is unhappy with the MCD's decision, she has the option to seek further legal help. The court hasn't made any final decision on her case yet, leaving all possibilities open.

Justice Mini Pushkarna's decision gives Mary Joseph some temporary relief, but now she must meet the MCD's requirements.

Tags:
Municipal Law
Property Rights
Zoning Laws