Summary: The Supreme Court has allowed the rebuilding of an old house on Ansari Road, Darya Ganj, New Delhi, rejecting objections from the South Delhi Municipal Corporation (SDMC). The court emphasized the right to use the house for living purposes over business needs.
The story begins with a house at 23, Ansari Road, Darya Ganj, New Delhi. Built around 1940, this house, owned by Bharat Bhushan Jain's family, was in poor condition. In 2010, the family decided it was time to rebuild it for living purposes.
The family gave their construction plans to SDMC, but no decision was made. They took their case to the Municipal Corporation Tribunal, which approved their plans. However, SDMC wasn't happy and appealed to the Additional District Judge, who also agreed with the family on February 13, 2012.
SDMC didn't give up and took the matter to the Delhi High Court, but their appeal was rejected. Even a Special Leave Petition and a review petition were rejected by December 23, 2016, and June 1, 2017, respectively.
SDMC's lawyer, Ms. Vandana Sehgal, argued that the new house should include business space on the ground floor. She claimed the rules required this mix. On the other side, Mr. Paul, representing the family, argued that the house should remain just for living, as allowed by a 2006 notice.
"The law does not allow the respondents to tear down the present structure and build a new house," argued Ms. Vandana Sehgal.
Justice J.B. Pardiwala and Justice K.V. Viswanathan dismissed SDMC's appeal on November 6, 2025. They emphasized that Bharat Bhushan Jain's family had the right to use their property for living purposes. The court was critical of SDMC's insistence on business use, calling it harassment.
"This is nothing short of harassment," the judgment noted.
The court allowed the family to submit new plans for a house to live in and ordered SDMC to approve them within four weeks. Additionally, SDMC was ordered to pay Rs. 10 lakh to the family as compensation for the trouble caused.
The Supreme Court decided in favor of Bharat Bhushan Jain's family, allowing them to rebuild their house for residential use and ordered SDMC to approve the new plans and pay compensation for the inconvenience caused.
