Devender Kumar v. Delhi Development Authority Through Its Vice Chairman & ORS.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12666/2023 & CM APPLs. 49925/2023, 54557/2023, 57434/2023, 67016/2023 DEVENDER KUMAR .....Petitioner Through:

Mr. Aditya Singh, Ms. Surbhi Sejwal and Mr. Kamal Kishor, Advocates.

versus DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS.

.....Respondents Through:

Mr. Gaganmeet Singh Sachdeva, Mr.

Shivam Takiar, Mr. Prateek Dhir and Mr. Kuljeet Singh, Advocates for R-1/DDA.

Ms. Avni Singh, Panel Counsel with Mr. Vaibhav Sharma, Advocate for R-2 and 3/GNCTD.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 16.12.2025 1.

This writ petition is filed on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "i. Writ of certiorari and/or such other suitable writ, order, direction in the like nature whereby the Demarcation/TSM proceedings of Khasra No.98/2 and Khasra No.116 got carried out by Respondent No.1 through SDM, Hauz Khas on 22.06.2023 and fixed/pakka points were taken, as conveyed to the petitioner vide Letter F.NO.SZ(72)2021/DD/LM/SZ/DDA/926 dated 13 .09.2023 be quashed and set aside being contrary to the order dated 13.02.2023 of the Hon'ble High Court passed in WP(C) No.1806/2023 titled as Devender Kumar vs. Delhi Development Authority and also in violation of procedure in 'Hadd-Shikni cases' as contained in Chapter-l Part-M of the Delhi High Court Rules; ii. a writ of mandamus or such other writ or direction in the like nature whereby the Respondents may be directed to carry out the fresh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

demarcation of the subject property and the DDA land by issuing prior notice to Petitioner and by following the guidelines and the procedure provided under the Hadd-Shikni cases as contained in Chapter-I Part-M of Delhi High Court Rules;

iii. a writ of prohibition and/or such other writ/order or directions in the like nature thereby officers, representatives and administrators of Respondent No.1 (DDA) may be restrained from in any manner demolishing or caused to be demolished the subject property. Khasra No.98/2 (1-04) and Khasra No.116 (0-17) admeasuring 2050 sq. yards., situated in the Revenue Estate of Village Begumpur, Tehsil Mehrauli, New Delhi. Presently known as Begumpur P.O. Malviya Nagar, New Delhi except by carrying out proper demarcation in accordance with the order dated 13.02.2023 and by following the procedure in Hadd-Shikni cases and by giving proper notice to the Petitioner as mandated by order dated 13.02.2023 passed in WPC 1806/2023;

iv. to issue such other appropriate writ, order or directions thereby directing the Respondent No.1 to produce the complete record of the alleged demarcation proceedings/TSM proceedings of Khasra No.98/2 and Khasra No.116 Village Begampur, Delhi carried out on 22.06.2022 as conveyed by Letter No. SZ (72)2021/DD/LM/SZ/DDA/926 dated 13.09.2023;

v. Any other writ, order or directions which this Hon'ble Court may deem fit and proper in the circumstances may also be issued in favour of the petitioner and against the respondents.

vi. The cost of the proceedings may be awarded in favour of the petitioner and against the respondents."

2.

Be it noted that even earlier, Petitioner had approached this Court by way of W.P.(C) 1806/2023, where directions were issued by Court to DDA to carry out demarcation of the property bearing Khasra No.98/2 (1-04) and Khasra No.116 (0-17), admeasuring 2050 sq. yards. situated in the Revenue Estate of Village Begumpur, Tehsil Mehrauli, New Delhi ('subject land') after serving notice on the Petitioner to participate in the demarcation. 3.

Learned counsel for the Petitioner submits that demarcation has been carried out, but Petitioner was not put to notice or called to participate in the demarcation despite order of this Court and there are serious flaws in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

demarcation carried out.

4.

Ms. Takiar, learned Standing Counsel appearing on behalf of Respondent No. 1/DDA submits that in terms of the order of this Court, demarcation has been carried out and if the Petitioner has any grievance with the demarcation report, he may take recourse to civil remedies as disputed questions of facts cannot be adjudicated in a writ petition. Moreover, it is the domain of the revenue officials to carry out demarcation and not DDA.

5.

Faced with this, learned counsel for the Petitioner, on instructions, seeks to withdraw this writ petition with liberty to take recourse to appropriate remedies before appropriate forum to challenge the demarcation. It is urged that a status quo order is operating in favour of the Petitioner since 22.12.2023 and the same be continued till the Petitioner approaches the appropriate forum.

6.

Writ petition is disposed of as withdrawn with liberty as prayed for, in accordance with law. Status quo order dated 22.12.2023 shall operate for a period of 8 weeks from today to enable the Petitioner to take recourse to appropriate legal remedies.

7.

Pending applications stand disposed of.

JYOTI SINGH, J DECEMBER 16, 2025 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.