Delhi HC directs DDA, MCD to act against unauthorised cafés in Majnu Ka Tilla; flags safety and zoning violations

New Delhi: The Delhi High Court has directed the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD), and the Government of NCT of Delhi to take prompt and effective action against unauthorised cafés, restaurants, and commercial establishments operating in the Majnu Ka Tilla area, after noting serious violations of building norms, fire safety regulations, and land-use conditions. The Court disposed of a Public Interest Litigation after recording that the statutory authorities had already initiated action pursuant to the issues raised.

The matter was heard by a Division Bench comprising the Chief Justice and Justice Tushar Rao Gedela. The petition highlighted large-scale unauthorised construction and commercial activity in Majnu Ka Tilla and parts of New Aruna Nagar, including cafés and eateries operating from multi-storeyed structures without sanctioned building plans, completion certificates, or mandatory fire safety clearances. The petitioners relied on information obtained under the Right to Information Act to demonstrate that several establishments were functioning in clear breach of municipal and planning laws.

During the hearing, the Court expressed serious concern over the public safety implications of such unauthorised operations. Emphasising the heavy footfall in the area, particularly by students and tourists, the Bench observed that “half of the Delhi University students are there most of the time,” underlining the heightened risk posed by structurally unsafe buildings, narrow access passages, and the absence of emergency preparedness in the event of fire or other accidents.

The Court was informed that the land on which many of these establishments are located belongs to the DDA and falls within regulated zones, including areas proximate to the Yamuna floodplains. Submissions were made on behalf of the authorities that a suo motu complaint had already been registered on the Special Task Force portal on the basis of the grievances raised in the PIL, and that inspections and enforcement proceedings were underway. The Bench was further apprised that action under the applicable municipal, planning, and environmental laws had been initiated against erring establishments.

Recording these submissions, the High Court observed that the continued existence of unauthorised constructions over several decades reflected systemic enforcement failure. The Bench stressed that commercial activity cannot be permitted to flourish at the cost of public safety, environmental protection, and the rule of law. It emphasised that compliance with the National Building Code, fire safety norms, and zoning regulations is mandatory, particularly in areas attracting dense crowds on a daily basis.

The Court directed the DDA, MCD, and other concerned authorities to proceed strictly in accordance with law against all unauthorised constructions and commercial activities, including sealing, demolition, or other coercive measures, wherever warranted. It further directed that the enforcement exercise be completed within a stipulated timeframe, with particular emphasis on structural integrity and fire safety compliance.

In view of the assurance that statutory mechanisms had already been set in motion, the High Court disposed of the PIL, while making it clear that the authorities remain duty-bound to ensure full compliance and prevent the recurrence of such violations. The Court indicated that failure to take decisive action would invite further judicial scrutiny.

Case Details:

Case Title: Arnav Singh & Anr. v. Delhi Development Authority & Ors.

Nature of Proceedings: Public Interest Litigation

Court: High Court of Delhi

Bench: The Chief Justice and Justice Tushar Rao Gedela

Date of Order: 24 December 2025

For the Petitioners: Arnav Singh and Aditya Chauhan, appearing in person.