Isabella Mariam

The High Court of Delhi Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia has directed the Municipal Corporation of Delhi to conduct a survey of all buildings situated near the notified heritage properties identified in the petitions, to determine whether constructions there conform to applicable norms and the approved sanctioned building plans. The petitions raised concerns that construction activity around declared heritage properties is affecting their character, including through approvals and deviations that allegedly disregard building bye-laws and inputs of the Heritage Conservation Committee. The Court further ordered that the survey team include a nominated Heritage Conservation Committee officer, and that the exercise be completed within three months with separate reports to be filed before the Court.

The Court recorded the nature of the grievance as follows: “The grievance raised in these petitions primarily is that constructions which are taking place or which have already taken place around such heritage properties tend to change the character of such heritage properties and, in fact, such constructions sometimes result in defacement of the heritage buildings.”

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It stated that “It has also been averred in the petitions that it has been noticed that in many such cases while approving the building plan, the Municipal Corporation of Delhi ignores the relevant building bye-laws and even the advice tendered by the Heritage Conservation Committee.”

The Court further recorded that “It is further submitted on behalf of the petitioners in all these petitions that the occupiers of the buildings situated in the vicinity of such heritage properties also deviate from the sanctioned building plan which also has an adverse impact on the heritage properties.”

On the terminology used, the Court stated: “We make it clear that we have used the expression heritage building/ structure/ properties as enlisted in the relevant notification.”

The Court directed: “we direct that a survey shall be conducted by the concerned Municipal Body, of all the buildings situated in the vicinity of the heritage properties enlisted in each of these petitions. In the survey, it shall appropriately be ascertained as to whether the constructions raised in such buildings, which are in the vicinity of the heritage properties, are in accordance with the norms and the approved sanctioned building plan.”

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“We further direct that the survey team to be constituted by the Municipal Body shall also include one officer of the Heritage Conservation Committee to be nominated by its Chairperson. The survey report in respect of each heritage property as mentioned in these petitions shall be filed before this Court separately after serving a copy therof upon learned counsel for the petitioners who may file their response to the survey report, if any, by the next date of hearing.”

“The survey under this order shall be completed within a period of three months. List on 15.05.2026.”

Advocates Representing the Parties

For the Petitioners: Mr. Sanjay Dewan, Sr. Adv.; Mr. M. Qayam-Ud-Din, Adv.; Mr. Navneet Chaudhary, Adv.; Mr. Nikhil Goel, Adv.; Ms. Arshia Kohli, Adv.; Mr. Hemant Choudhary, Adv.; Ms. Pooja Marwah, Adv.; Ms. Sheetal Sharma, Adv.; Ms. Soumya Aneja, Advs.

For the Respondents: Mr. Febin Mathew Varghese, Adv.; Mr. Dhiraj Philip Abraham, Adv.; Ms. Soyarchon Khangrah, Adv.; Mr. Sahaj Garg, SPC; Mr. Rudra Paliwal, GP; Mr. Soumyadip Chakraborty, Adv.; Ms. Beenshaw N. Soni, SC, MCD; Ms. Ann Joseph, Adv.; Ms. Katyani Malhotra, Adv.; Mr. Raghvendra Upadhyay, Panel Counsel, GNCTD; Ms. Purnima Jain, Adv.; Mr. Swaraj Maurya, Adv.; Ms. Nayantara Roy, Adv.; Ms. Arumina Dwivedi, CGSC; Ms. Himanshi Singh, Adv.; Ms. Monalisa Pradhan, Adv.; Mr. Sanjeev Sabharwal, SC, MCD; Mr. Manish Srivastava, Adv.; Mr. Moksh Arora, Adv.; Mr. Santosh Ramdurg, Advs.

Case Title: KUSUM SEHGAL versus HERITAGE CONSERVATION COMMITTEE & ORS.
Neutral Citation:
Case Number: W.P.(C) 9453/2022; W.P.(C) 11646/2022; W.P.(C) 10686/2023; W.P.(C) 13145/2023
Bench: Chief Justice Devendra Kumar Upadhyaya, Justice Tejas Karia