Smt Sheela v. Delhi Development Authority & ORS.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7212/2026, CM.APPL.35313/2026 &CM.APPL.35314/2026 SMT SHEELA .....Petitioner Through:

Mr. Priyank Tiwari and Mr. Manish Kumar, Advs.

versus DELHI DEVELOPMENT AUTHORITY & ORS. .....Respondents Through:

Mr. Shashi Pratap Singh, Ms. Bhagun Sabhamwal and Ms. Laqshyaa Saluja, Advs.

CORAM:

HON'BLE MS. JUSTICE SHAIL JAIN

O R D E R

% 21.05.2026 The present matter has been received by way of transfer from the Court of Hon'ble Mr. Justice Jasmeet Singh.

1.

The present Writ Petition has been instituted under Articles 226 and 227 of the Constitution of India, inter alia, seeking the following reliefs: a) Issue an appropriate writ, order or direction thereby quashing/staying the proposed demolition and eviction action against the property of the Petitioner, order dated 06.05.2026.

b) Direct the Respondents not to dispossess or demolish the property of the Petitioner without following due process of law.

c) Direct the Respondents to conduct proper demarcation and verification before treating the property of the Petitioner as part of Bhoomiheen Camp.

d) Direct the Respondents to place on record: Demarcation report, Survey report, Inspection report, Notices, Orders, Documents relied upon against the Petitioner. e) Restrain the Respondents from carrying out selective and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

discriminatory action against the Petitioner f) Grant an ad-interim ex parte stay against demolition and eviction during the pendency of the present petition. g) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice. 2.

The brief background of the case is that the Petitioner, an Economically Weaker Section (EWS) resident, has been residing along with her family at Jhuggie No. C-502, Bhoomiheen Camp, Kalkaji, New Delhi, for several years and is stated to be in possession of a valid electricity connection, while her children are studying in a nearby Government School situated in the same locality. It is the case of the Petitioner that on 09.05.2026, an eviction notice/order dated 06.05.2026 issued by Delhi Development Authority was pasted at the premises directing removal of the alleged unauthorized occupation within fifteen days, failing which eviction/demolition action was threatened.

3.

This Court is of the considered view that an efficacious alternative remedy is available to the Petitioner by way of institution of a Civil Suit for injunction in the present manner.

4.

Learned Counsel appearing on behalf of the Petitioner seeks leave to withdraw the present Writ Petition, with liberty to institute appropriate civil proceedings, including a Suit for injunction against Delhi Development Authority, seeking the same reliefs as prayed for in the present Writ Petition. 5.

In view of the aforesaid circumstances, it is directed that the Petitioner shall institute the Civil Suit on or before 28th May, 2026. Till the said date, Delhi Development Authority shall not take any coercive action against the Petitioner in respect of the property mentioned herein. 6.

It is made clear that after filing of the Suit, the Court shall decide the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Suit, as filed, on its own merits and in accordance with law. 7.

The present Writ Petition is accordingly disposed of as withdrawn. 8.

Order dasti under signatures of Court Master. SHAIL JAIN, J MAY 21, 2026 PT/RM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.