Sh. Tarif Singh & ORS. v. Delhi Development Authority

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3482/2025 & CM APPL. 16282/2025 SH. TARIF SINGH & ORS.

.....Petitioners Through:

Mr. Rajesh Yadav, Sr. Adv. with Mr.

V.P. Rana and Ms. Nirmalya Shukla, Advs.

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

Ms. Shobhana Takiar, SC for DDA with Mr. Prateek Dhir, Mr. Kuljeet Singh and Mr. Shivam Takiar, Advs.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.03.2025 1.

The present petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following relief: (a) issue a writ of mandamus or any other order, writ or direction thereby directing the respondent/DDA to decide the representation/ application dated 17.02.2025 filed under Section 14 of DDA Act, 1957 (ANNEXURE P-1); and/or (b) direct the respondent/DDA not to take any action in respect of warehouses/godowns on the land bearing Khasra Nos. 46/13 (4-16), 46/18/1 & 46/18/2 (4-16) at Village Safipur, Ranhola Delhi, till the disposal of the application dated 17.02.2025. 2.

Mr. Rajesh Yadav, the learned Senior Counsel for the petitioners submits that the petitioners being the co-owners of the subject land had constructed warehouse/godown upon the agricultural land. He submits that notification under Section 12 of the Delhi Development Act, 1957 (in short The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

'Act') was issued declaring the Village Ranhola and other villages as development area vide notification dated 16.06.2017. 3.

He submits that the effect of the said notification is that there cannot be any development on the subject land except in accordance with the plan of DDA, however, in the present case, the development had already taken place. 4.

He invites attention of the Court to the provision of Section 14 of the Act, more particularly proviso thereto, to contend that the DDA can permit the owner of the land to continue the use of the premises/land/building upon such terms and conditions as may be prescribed. 5.

He submits that the godown of the petitioners is in existence at least since prior to 2007 and the notification under Section 12 of the DDA, 1957 came to be issued only on 16.06.2017, therefore, the petitioners are entitled for regularisation of their godown/warehouse under Section 14 of the said Act.

6.

He submits that a representation dated 17.02.2025 has already been made by the petitioner in terms of the aforesaid provision to the DDA, which according to him is under consideration.

7.

He submits that at this stage, the petitioners will be satisfied in case a limited direction is given to the DDA to dispose of the aforesaid representation of the petitioners and till then no action be taken against the constructed godown/warehouse.

8.

It is submitted that a specific time and date may be fixed to enable the petitioners to appear before the concerned authority i.e., Director (Land Management) DDA.

9.

In view of the above, issue notice. Ms. Shobhana Takiar, the learned Standing Counsel named above accepts notice on behalf 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/respondent.

10.

She submits that the petition can be disposed of by giving necessary directions.

11.

Accordingly, the respondent/DDA is directed to decide the representation/application of the petitioners dated 17.02.2025 filed under Section 14 of the Act (Annexure P-1) within a period of six weeks from today. Petitioners are also at liberty to appear before the Director (Land Management), DDA on 03.04.2025 between 02:30 p.m to 04:30 p.m. 12.

It is further directed that the DDA shall not take any coercive action until period of two weeks from the date of disposal of the petitioners' representation is over.

13.

The petition is disposed of in the above terms. VIKAS MAHAJAN, J MARCH 20, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.