Yuvak Gram Sudhar Samiti Holambi Khurd v. Purva Garg & ANR
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 114/2019 YUVAK GRAM SUDHAR SAMITI HOLAMBI KHURD .....Petitioner Through:
None.
versus PURVA GARG & ANR .....Respondents Through:
Ms. Avni Singh, Panel Counsel, GNCTD with Mr. Vaibhav Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 30.04.2026 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India seeks the following prayers: - "(a) Initiate contempt proceeding against the alleged contemnor for willfully and deliberately disobeying the judgment dated 20/07/2018 of this Hon'ble Court passed in the Write Petition (Civil) 7452 of 2018.
(b) Pass any other or further order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3.
Vide order dated 20.07.2018 in W.P.(C) 7452/2018, the following order was passed: - "1. This writ petition complains of illegal encroachment upon the public land in Village Holambi Khurd, Delhi-110082. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2. Mr. Satyakam, Additional Standing Counsel for the Government of NCT of Delhi appears on advance notice. Mr. Shashi Kant, Tehsildar, Narela, Delhi is present in court and makes a statement on behalf of Ms. Purva Garg, Sub-Divisional Magistrate, Narela, Delhi that having regard to the complaints made by the petitioner in the writ petition, the SDM, Narela shall ensure that a demarcation stands undertaken of the area in question and that the matter is being examined in order to complete the nishandehi in the area and to ascertain the encroachment.
3. Mr. Shashi Kant, Tehsildar further states that after identification of the encroachment, steps shall be taken to have the same removed.
4. We are assured that this process shall be completed within a period of three months from today. The statement made by Mr. Shashi Kant, Tesildar is accepted.
5. The SDM, Narela shall ensure that the entire process of demarcation and identification as well as removal of encroachment is positively completed within the said period.
6. This writ petition is disposed of in the above terms. Dasti."
4.
None appears on behalf of the petitioner.
5.
There was no appearance on behalf of the petitioner on the last dates of hearing i.e., 23.05.2025, 17.10.2025 and 11.02.2026, as well. 6.
As per the status report dated 29.04.2026 filed on behalf of SDM, Narela, the necessary action was taken i.e., in the following terms: - "2.
That in pursuance of the order dated 20.07.2018 passed by the Hon'ble Division Bench of this Court in W.P.(C) No. 7452/2018, necessary steps were undertaken for the removal of encroachments from Gaon Sabhaland bearing Khasra Nos. 72, 117 and 118, situated in the revenue estate of Village Holambi Khurd, Delhi. 3.
That the demarcation of the said land was carried out through The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
TSM Surveyor, M/s Mapage Infrastructure Pvt. Ltd., initially vide report dated 18.08.2018 (based on two reference points), and subsequently revised and confirmed vide report dated 19.03.2019 (based on three reference points). The physical demarcation and marking on site were completed on 01.04.2019. 4.
That in compliance with the directions of this Hon'ble Court, demolition programs were scheduled and executed from time to time. As per records available, demolition drives were carried out on 25.09.2019, whereby a substantial portion of the encroachment was removed. A further demolition drive was conducted on 12.02.2024 for the removal of encroachment on the subject land as per the available record 5.
That it is further submitted that Village Holambi Khurd was urbanised vide Gazette Notification dated 20.11.2019.
Consequently, thereafter, the responsibility for the removal of unauthorised constructions and encroachments vested with the concerned urban local bodies/agencies, namely DDA and MCD. 6.
That to ascertain and verify whether any encroachment persists on the said land, a fresh assessment and identification of any remaining encroachment is scheduled to be conducted on 11.05.2026 to ensure that any remaining encroachment is removed effectively and strictly in accordance with the directions of the Hon'ble Court. Since the village of Holambi Khurd has been urbanised, the role of DDA/MCD is crucial to remove any encroachment.
7.
That in this regard, the office of the undersigned has already issued a communication dated 24.04.2026 to the Director (Land Management), DDA; Deputy Commissioner (MCD), Narela Zone; BDO (Outer North); Executive Engineer (PWD) and other concerned authorities, requesting deputation of technical staff, surveyors with requisite equipment, and adequate police force for smooth conduct of the joint exercise. A copy of the said communication is annexed herewith as Annexure-A. 8.
That, DDA vide letter 28.04.2026 has deputed the concerned officials and surveyor for the said joint inspection. A copy of above said letter is Annexure B.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
It is submitted that upon completion of the joint inspection and assessment, necessary action shall be undertaken by the concerned department(s) in accordance with the law." 7.
In view of the above, the present petition is disposed of with the directions to the respondents to take necessary action in accordance with law, in case any encroachment is found in pursuance of the aforesaid inspection. 8.
Pending application(s), if any, also stand disposed of. 9.
Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J APRIL 30, 2026/kr/ah The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.