Paras Solanki v. Govt. Of NCT Of Delhi & ORS.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4340/2023 and CM APPL. 57819/2023, 18198/2024 PARAS SOLANKI .....Petitioner Through:

Mr. Pankaj Kapoor, Mr. Nikhil Bahri, Mr. Ajay Pal Singh and Ms. Shafiya Ghani, Advocates.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr.

Arjun Pant, Advocate for R-2/DDA.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 10.11.2025 1.

This writ petition is filed on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "a. Issue a Writ of Mandamus or any other appropriate writ, order or direction in favour of the Petitioner and against the Respondents thereby directing the Respondents to take immediate action of removal of unauthorised encroachment and demolition of unauthorised structures in the shape of gaushala on DDA land Khasra No.68/20 and 21, Village Pooth Kalan; and b. Issue an Writ of Mandamus or any other appropriate writ, order or direction in favour of the Petitioner and against the Respondents thereby directing the Respondents to stop the illegal parking being run outside the DDA Sports Complex on the encroached DDA land after illegal cutting Trees without permission and in clear violation of The Delhi Preservation of Tree Act, 1994." 2.

Short affidavit as well as Action Taken Report has been filed on behalf of Respondent No. 2/DDA, however, Action Taken Report dated 04.08.2024 is not on record. Copy of the report is handed over in Court and is taken on record.

3.

Mr. Arjun Pant, learned counsel appearing for DDA, relying on the W.P.(C) 4340/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2025 at 15:18:54

Action Taken Report, submits that encroachment in the form of Gaushala exists on DDA land bearing Khasra No. 68/20 and 21, situated in Village Pooth Kalan and DDA has made multiple attempts to remove the said encroachment through scheduled demolition programmes, details of which have been given in a tabular form in the report, however, due to various constraints including Graded Response Action Plan (GRAP) as also nonavailability of requisite police force from Police Station Aman Vihar, demolition operations could not be executed. It is further submitted that at present also DDA is unable to execute the demolition drive owing to GRAP and as soon as the restriction is lifted and police force is available, necessary action will be taken without any delay.

4.

Having perused the Action Taken Report, I am of the view that DDA cannot be blamed for not removing the encroachment at the concerned site. However, as soon as GRAP restrictions are lifted, DDA shall take requisite action to remove the encroachment and if necessary, seek police assistance in the matter. Needless to state that SHO, PS: Aman Vihar will render full cooperation and provide police force for the demolition action, as and when requisitioned by DDA. Copy of the order shall be sent by the Registry to Deputy Commissioner of Police of the concerned area for information and compliance.

5.

Writ petition stands disposed of in the aforesaid terms along with pending applications.

JYOTI SINGH, J NOVEMBER 10, 2025/S.Sharma W.P.(C) 4340/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2025 at 15:18:54