Krishan Kumar Sharma vs Municipal Corporation Of Delhi And Others

Court
Delhi High Court

* IN THE HIGH COURT OF DELHI AT NEW DELHI


Reserved on: October 16, 2026
% Pronounced on: November 02, 2026

# CNR No. DLHC010150242026
+ W.P.(C) 4875/2026, CM APPL. 23966/2026
KRISHAN KUMAR SHARMA .....Petitioner
Through: Mr. Avadh Bihari Kaushik and Mr.
Rishabh Kumar, Advocates
(9811455431) Mr. Avadh Bihari
Kaushik Advocate
versus

MUNICIPAL CORPORATION OF DELHI AND
OTHERS .....Respondents
Through: Mr. Rakesh Kumar and Mr. Puneet
Kumar, Advs. for R3 (9718302748)
Mr. Yudhvir Singh Chauhan,
Advocate for MCD (9810153709)
Mr. Navvneet Bhardwaj, Mr.
Mukesh Kaushik and Mr. Puneet
Gupta, Advocates for R4 to R8
(8447946944)
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T


1. By virtue of the present petition under Article 226 of the Constitution
of India, the petitioner seeks the following reliefs:-
“ (i) A Writ of Certiorari or any other writ, order or
direction calling for the records of the case and peruse the
same;

(ii) A Writ of Certiorari or any other writ, order or
direction thereby quashing the ‘No Objection Certificate/
W.P.(C) 4875/2026 Page 1 of 5

Signature Not Verified
Digitally Signed
By:ABHISHEK
Signing Date:02.11.2026
18:12:45

Permission letter dated 33 24.03.2026’ (ANNEXURE-P-1)
issued by MCD/ respondent No.1 and 2 to the private
respondents No. 4 to 8 to install their individual lift in the
premises of the Society/ respondent No. 3, being the same
having been issued illegally and arbitrarily without
conducting any ground survey and physical inspection and
without following its own earlier permissions granted to
already installed other six (06) lifts in the same Society;

(iii) A Writ of Mandamus or any other writ, order or
direction thereby directing the respondent No. 1 and 2 to
immediately withdraw, cancel and revoke the permission
letter/ NOC dated 24.03.2026 (ANNEXURE-P-1) and to issue
a fresh one, if applied, for installing the lift at the
appropriate location in the line and align to the locations of
other six (06) lifts already installed in the same Society;

(iv) A Writ of Mandamus or any other writ, order or
direction thereby directing the respondent No. 3/
Management of the Saraswati Enclave Group Housing
Society Limited, to ensure that the lift is not installed at the
present location objected to by the petitioner and the same is
installed at the other available locations in uniformity, line
and align to the other six (06) lifts installed in the same
Society;

(v) A Writ of Mandamus or any other writ, order or
direction thereby directing the respondent No. 4 to 8 not to
install the proposed lift at the location objected to by the
petitioner which is completely blocking the main balcony of
the petitioner’s flat and preventing fresh air and direct sun-
light and natural view to it; ”

2. As per learned counsel for the petitioner, No Objection Certificate
1
dated 24.03.2026 granted to respondent nos. 3 to 8 by respondent nos. 1
and 2/ MCD ought to be quashed since the same has been granted for the

1
Hereinafter referred to as “ NOC ”
W.P.(C) 4875/2026 Page 2 of 5

Signature Not Verified
Digitally Signed
By:ABHISHEK
Signing Date:02.11.2026
18:12:45

installation of a lift at the front end without conducting a ground survey or
physical inspection of the site where the proposed lift is to be installed,
which, if installed, would completely obstruct the access of sunlight and
fresh air into the balcony of the petitioner; who is residing at the first floor
of the building. Therefore, the installation of the proposed lift would violate
the fundamental rights of the petitioner.
3. Further, as per him, six other lifts are already operational in the same
society, and all those are situated at the rear end/ blind walls of the
respective buildings. In fact, he had submitted that the permission granted
by respondent no.3 via letter dated 27.01.2026 categorically stated that the
same be installed, “ preferably on the blind wall ” and, thus, construction of
the proposed lift at the front end is in violation of the same as also the
‘ Policy for installation of lift and connecting bridge in CGHS (Co-
operative Group Housing Society), DDA built flats (low rise flats) in NCT
2
of Delhi issued by DDA, 2015 ’ .
4. Based thereon, it is primarily the case of the petitioner that the
proposed lift ought to be installed at the alternative site in conformity with
the other six lifts existing in the complex/ society.
5. Per contra, learned counsel(s) for respondent nos.3 to 8 cumulatively
submitted that the present petition is not maintainable as there is no actual
violation of fundamental right to air and sunlight based on the photographs
annexed with the Counter Affidavit(s) filed by them. In any event, the
relief qua quashing of the NOC issued by respondent nos.1 and 2/ MCD is

2
Hereinafter referred to as “ Lift Policy ”
W.P.(C) 4875/2026 Page 3 of 5

Signature Not Verified
Digitally Signed
By:ABHISHEK
Signing Date:02.11.2026
18:12:45

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a matter to be adjudicated by the learned Appellate Tribunal MCD and not
by way of this petition under Article 226 of the Constitution of India,
particularly, since there are no grounds for adjudication by this Court.

6. In support of the above, learned counsel for respondent nos.1 and 2/
MCD submitted that pursuant to the order dated 22.07.2026 passed by this
Court, it has been found that the area where the proposed lift is to be
installed is viable and the NOC has been granted only after following due
process of law.
7. This Court has heard learned counsel for the parties and also perused
the documents on record.
8. The primary issue raised herein pertains to the revocation/
cancellation of the NOC qua installation of the proposed lift at the said site,
which is allegedly blocking sunlight and fresh air at the balcony of the
petitioner residing at the first floor of the building.
9. In the considered opinion of this Court, the challenge to the
permission granted for the installation of a lift is, de facto , a challenge to
the sanction granted for the erection of a building and/ or the execution of a
4
work under Section 336 of the Delhi Municipal Corporation Act, 1957 ,
which falls within the ambit of Section 347(B) of the Act. This is more so
since the installation of a lift itself involves construction related work(s)
requiring approval from the MCD, falling within the contours of Section
336 of the Act, which, in turn is appealable under Section 347(B) of the Act
as held by the Co-ordinate Bench(es) of this Court in Sh. S. S. Chouhan &

3
Hereinafter referred to as “ ATMCD ”
4
Hereinafter referred to as “ Act ”
W.P.(C) 4875/2026 Page 4 of 5

Signature Not Verified
Digitally Signed
By:ABHISHEK
Signing Date:02.11.2026
18:12:45

5
Ors. vs. Municipal Corporation of Delhi & Ors. and Sudha Ramanathan
6
vs. Municipal Corporation of Delhi & Anr. . In fact, the position laid in
Sh. S. S. Chouhan (supra) has been affirmed by the Hon’ble Division
Bench of this Court in the judgment entitled Chander Kant Sood & Anr.
7
vs. Municipal Corporation of Delhi & Ors .
10. Even otherwise, based on the materials (including the photographs
filed) available on record, there is nothing of the kind sought to be
portrayed by the petitioner, particularly, regarding the sunlight and/ or fresh
air, and there is no Report to substantiate that. In any event, the contentions
sought to be raised by the petitioner herein are all disputed questions of fact
requiring due determination, which are outside the writ jurisdiction as they
require trial as this Court is also not a fact-finding authority.
11. As such, in view of the afore-going, the petitioner has failed to
inspire any confidence in this Court for it to exercise the powers vested
under Article 226 of the Constitution of India.
12. Thus, the present petition, alongwith pending application, is
dismissed with no orders as to costs. Needless to say, the stay granted vide
order dated 13.06.2026 also stands vacated.


SAURABH BANERJEE, J.
NOVEMBER 2, 2026/So

5
W.P.(C) 17747/2022
6
W.P.(C) 15788/2023
7
LPA 560/2025
W.P.(C) 4875/2026 Page 5 of 5

Signature Not Verified
Digitally Signed
By:ABHISHEK
Signing Date:02.11.2026
18:12:45