Atul Mohan Sharma v. Delhi Development Authority And ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3260/2026 & CM APPL. 15717/2026 ATUL MOHAN SHARMA .....Petitioner Through:

Mr. Mayank Sharma, Adv. (through VC).

versus DELHI DEVELOPMENT AUTHORITY AND ANR.....Respondents Through:

Ms.

Shobhana Takiar, Standing Counsel for DDA with Mr. Kuljeet Singh, & Ms. Razia, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 24.04.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition under Article 226 of the Constitution of India, 1950, seeks the following prayers: - "(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to withdraw the the impugned notices dated 10.02.2026 & 27.02.2026 passed by the respondent no. 2;

(ii) pass such other and further order(s) as this Hon'ble Court may deem fit and proper, in the interest of justice." 3.

On the last date of hearing, i.e., 01.04.2026, this Court had passed the following order: - "2. Learned counsel appearing on behalf of the DDA submits that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings before the learned Estate Officer has since been withdrawn vide order dated 30.03.2026, and the same has been handed up in the Court today and taken on record. It is further submitted that the present petitioner is an encroacher on the public land and in the view of the order dated 13.11.2024 passed by the Hon'ble Supreme Court in In Re: Directions in the matter of demolition of structures, Writ Petition (Civil) No. 295/2022, the present notice to vacate is in accordance with law.

3. Learned counsel appearing on behalf of the petitioner has handed up in the Court today certain documents showing the plot of land had been initially allotted to one Mr. Sunderlal Sahu on 18.08.1986. The said documents have been handed over to the learned counsel for the DDA, who seeks time to take appropriate instructions. Let the same be done before the next date of hearing.

4. List on 24.04.2026.

5. Interim order(s) to continue."

4.

In pursuance of the aforesaid order, a status report by way of an affidavit dated 20.04.2026 authored by Deputy Director (LD), DDA, INA, Vikas Sadan, New Delhi, has been placed on record on behalf of the respondents wherein, it has been recorded as under:- "5.That during the hearing, the Petitioner handed over a bunch of documents, which are palpably fake documents not in his favour and appear to be manipulated. These include a notarised General Power of Attorney (GPA), Agreement to Sell (ATS), and Will in the name of one Sadhu Ram, all bearing the same file number F.8(75)/1982. These documents pertain to Plot No. 026, Pocket No. 15, Block-D, Sector-3, Rohini (measuring 31.69 sq. mtrs.), but are entirely fabricated, as the said number relates to a different plot (plot no. 009, Pocket no. 16, Block No.3, Sector No. 03, measuring 32.3 (sq. Mts) allotted to another person, Pawan Kumar Gupta and Vimla Gupta. Such fake documents cannot confer any right, title, or interest on the Petitioner, rendering the petition non-maintainable, frivolous, and liable to dismissal exemplary costs.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6. That it is further submitted that the plot in question bearing no. 26. Pocket No. I5, Block No.-D, Sector-03, measuring 31,69 Sq. Mtrs, has been validly allotted via e-auction held on 15.03.2013 to Smt. Rekha Gupta, who holds lawful rights thereto. Subsequently, it was found by the allottee Ms Rekha Gupta that the plot in question is under the possession of an illegal occupant. Mss Rekha Gupta being aggrieved filed WP 8240/2023 and the same was disposed of on 19.12.2024 inter alia with direction to DDA to hand over peaceful vacant possession of the plot in question within eight weeks. The Petitioner's claim is a blatant attempt to interfere with a legitimate eauction process and public land allocation, warranting rejection on grounds of maintainability alone.

Due to illegal occupation of the plot by the petitioner, the answering respondent moved an application in WP 8240/2023 foe seeking another six months' time to get the plot vacated for compliance of order dated 19.12.2024. Said application was dismissed vide order dated 12.12.2025. Copy of order dated 12.12.2025 is annexed as Annexure-I. 7.

It is submitted that after disposal of petition on 19.12.2024 answering respondent by mistake, initiated eviction proceedings before Estate Officer which was subsequently withdrawn on 10.03.2026.

8.

That the Petitioner is a rank encroacher on public land belonging to with no locus standi to maintain the petition. The writ petition is an abuse of process and liable to be dismissed in limine." 5.

In view of the above, learned counsel for the petitioner seeks leave to withdraw the present petition, with an undertaking to vacate the subject property within a period of 15 days from today. 6.

In these circumstances, the present petition is dismissed as withdrawn and disposed of.

7.

The undertaking made on behalf of the petitioner that he shall vacate the subject premises within a period of 15 days from today, is taken on record. 8.

Pending application (s), if any, also stands disposed of accordingly. 9.

Interim order dated 17.03.2026 stands vacated. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J APRIL 24, 2026/nk/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.