South Delhi Municipal Corporation v. Bharat Bhushan Jain; 2025 INSC 1324 - Building Reconstruction
Buildings - Supreme Court allowed purely residential reconstruction, rejected SDMC’s push for mandatory ground-floor commercial use, and imposed costs and observed: The argument canvassed on behalf of the appellant (SDMC) defies logic that the respondents may continue to reside in the dilapidated house, but if they want to put up new construction, then it has to be commercial on the ground floor and upper floor as residence. Even the notification, which we have referred to above, does not support the case put forward by the appellant in any manner.
Case Info
Case Details
- Case name: South Delhi Municipal Corporation Through Its Commissioner vs Bharat Bhushan Jain (Dead) Thr. Lrs.
- Neutral citation: 2025 INSC 1324
- Coram: J.B. Pardiwala, J. and K.V. Viswanathan, J.
- Judgment date: 6 November 2025
Caselaws and Citations
- M.C. Mehta v. Union of India & Ors., I.A. Nos. 203615 & 218080 of 2024 and I.A. No. 210981 of 2025 in W.P.(C) No. 4677 of 1985, observations by B.R. Gavai, CJI referenced regarding Delhi Master Plans and mixed-use markets.
Statutes / Laws / Notifications Referred
- Delhi Municipal Corporation Act, 1957, particularly Section 347A (MCD Appellate Tribunal).
- Master Plan for Delhi (MPD): MPD-1962, MPD-2001, MPD-2021.
- Urban Development Department, GNCTD notification dated 15.09.2006, clauses 15.1 and 15.2 (mixed-use in residential areas).
- Circular dated 27.05.2009 (processing building plan approvals on notified mixed-use streets; optional conversion).
- Notification dated 22.06.2007 (one-time conversion charges for commercial use on notified streets).
LawLens - AI-Powered Legal Research for Indian Laws
Discover AI-powered legal research tools for Indian law professionals
