Sh Tara Singh v. Delhi Development Authority

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 867/2026 & CM APPL. 4273/2026 SH TARA SINGH ....Petitioner Through:

Mr. Abhishek Kukkar, Mr. Kunal Choudhary, Advs.

versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through:

Ms Manika Tripathy SC for DDA with Mr Aakash Mohar, Mr Saksham Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 28.01.2026 1.

This is a writ petition filed under Article 226 of the Constitution of India seeking the following reliefs:

"a) issuance of a writ of mandamus or any other appropriate writ, order, or direction restraining the respondents from illegally dispossessing the petitioner from his private land situated in Khasra no. 351(2-1), 834/352(2- 1) and 835/352(113) of Village Maidan Garhi, New Delhi; b) Direct Respondent-DDA to conduct a demarcation with the assistance of revenue authorities of the Petitioner's land and the adjacent DDA land (Khasra No. 401) using Total Station Method (TSM);"

2.

As per the petitioner, the petitioner is the owner of Khasra Nos. 351 (201), 834/352 (2-01) and 835/352 (1-13), Village Maidan Garhi New Delhi. 3.

Ms. Tripathy, learned standing counsel for the respondent, has handed over an affidavit in Court wherein paragraph 7, 8, 9,10 and 11 which read as under:

"7. That at present, the Engineering Division (SMD-5) of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

DDA is erecting a boundary wall on the DDA-acquired land forming part of Patch-I with the assistance of the points marked on the grounds by the surveyor, who have utilized the Khasra KML (Keyhole Markup Language) file, wherein the village Sazra has been superimposed on Google satellite imagery to ensure accuracy and precision in boundary identification.

8. That as per the records available the DDA is not erecting the boundary wall on the subject land claimed by the Petitioner i.e., Khasra Nos. 351(2-1), 834/352(2-1), and 835/352(1-13), as per the coordinates and demarcation specified in the KML file of Patch-I. The copy of the KML image is annexed herewith marked as ANNEXURE-R2.

9. That the subject land i.e., Khasra Nos. 351(2-1), 834/352(2-1), and 835/352(1-13) of Village Maidan Garhi falls adjacent to Khasra No. 401, which is vacant at site and contains tree plantation.

10. That in furtherance of the Hon'ble Supreme Court directives in Bindu Kapurea (supra), DDA handed over its acquired & possessed land forming Patch-I (comprising Khasra Nos. 349, 350, 397, 399 (min), 400, 401, and 402) to the Forest Department on a temporary basis for seven years for the purpose of afforestation.

11. It is submitted that the presently undergoing work, by Engineering Division SMD-5, of erection of a boundary wall on the said DDA land forming part of Patch-I with the help of points marked on the ground by the surveyor, as per the Khasra KML file, wherein the village sazra has been superimposed on Google The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

imagery. That Answering Respondent DDA is not erecting the boundary wall on the land comprising Khasra Nos. 351 (2-01), 834/352 (2-01) and 835/352 (1-13), as per the KML of Patch-I." 4.

A perusal of the above paragraphs shows that pursuant to the directions of the Hon'ble Supreme Court, the forest department is carrying on afforestation in Khasra Nos. 349, 350, 397, 399, 400, 401 and 402 and the petitioner's alleged land is not forming part of the Khasra Nos. 5.

Further, the demarcation has been carried out as detailed in paragraph 7 of the affidavit. As per the affidavit filed in Court today, it is the clear stand of the respondent that they are not encroaching on the land of the petitioner. The same reads as under:

"8. That as per the records available the DDA is not erecting the boundary wall on the subject land claimed by the Petitioner i.e., Khasra Nos. 351(2-1), 834/352(2-1), and 835/352(1-13), as per the coordinates and demarcation specified in the KML file of Patch-I. The copy of the KML image is annexed herewith marked as ANNEXURE-R2."

6.

Taking the statement of the respondent on record and binding the respondent to the same, the petition is disposed of. 7.

A certified copy of the Demarcation Report shall be handed over to the petitioner expeditiously and in any case not later than 2 weeks from today. 8.

In case the petition is dissatisfied, the petitioner will be at liberty to file revive/ file a fresh petition.

9.

The counter affidavit handed over in Court today is taken on record. JASMEET SINGH, J JANUARY 28, 2026/AS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.