Meena Kapoor v. Dda & ANR.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7105/2025 and CM APPL. 32094/2025, CM APPL. 32095/2025 MEENA KAPOOR .....Petitioner Through:

Ms. Smita Maan and Ms. Vishal Maan, Advocates.

versus DDA & ANR.

.....Respondents Through:

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

Prateek Dhir, Advocates for DDA.

Mr. Manashwy Jha, Panel Counsel (Civil) for R-2

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 23.05.2025 1.

The petitioner has filed this petition under Article 226 of the Constitution, contending that partial demolition action has been taken by the respondents on immovable property owned by her. The property is described as 1 bigha land bearing Mustatil no. 10, Killa No. 3 min, Khasra no. 10/3 min (1-00), situated in village Samalka, New Delhi ["subject land"]. 2.

The petitioner has placed on record a sale deed dated 01.11.1996, by which she purchased the subject land from the erstwhile owner. Her name has also been entered in the revenue records. Property tax receipts have also been placed on record in support of her claim over the subject land. W.P.(C) 7105/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The allegation in the petition is that, on 14.05.2025, partial demolition action was taken on her property, at which time a communication dated 09.05.2025, addressed by Delhi Development Authority ["DDA"] to the police authorities, was handed over to her. The said communication refers to Khasra No. 56//5/2, 56//6/1, 56//6/2, 56//7 and 3//18 of the village in question, which DDA claims as its land, and over which encroachments were to be removed. The petitioner claims that her land is situated in Khasra No. 10/3, which is not covered by the aforesaid letter at all. 4.

Ms. Shobhana Takiar, learned Standing Counsel for DDA, and Mr. Mr. Manashwy Jha, learned Panel Counsel for the Government National Capital Territory of Delhi ["GNCTD"], are present. 5.

The dispute appears to be with regard to demarcation of the land owned by the petitioner viz-a-viz Khasra Nos. mentioned in the notice dated 09.05.2025. The petitioner's claim is of ownership and possession of her land over almost thirty years. In my view, the appropriate resolution is to direct DDA and GNCTD to undertake a fresh demarcation of the land, and for all the parties to maintain status quo in the interim. 6.

Mr. Jha submits that the village in question has been urbanised, whereas Ms. Takiar has no instructions as far as this aspect is concerned. 7.

DDA and GNCTD are directed to coordinate amongst themselves to carry out demarcation by the Total Station Method, at the expense of the petitioner. The petitioner or her authorised representative will also remain present during this process.

8.

Until the exercise of demarcation is carried out, the parties, including the petitioner, are directed to maintain status quo as to the nature and character of the land, as well as title and possession. This order will remain W.P.(C) 7105/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in force until 15 days after the demarcation report is communicated to the petitioner.

9.

The writ petition, alongwith the pending applications, is disposed of. PRATEEK JALAN, J MAY 23, 2025 UK/AD/ W.P.(C) 7105/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.