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High Court of DelhiW.P.(C)/11182/2025

Smt. Urshita Gandhi & ANR. v. The Chairman Special Task Force (Stf) & ORS.

2025-07-30Hon'Ble Mr. Justice Prateek Jalan3 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SMT. URSHITA GANDHI & ANR.

.....Petitioners Through:

Mr. V.P. Rana, Mr. Siddharth Shankar, Advocates [9811165700].

versus THE CHAIRMAN SPECIAL TASK FORCE (STF) & ORS.

.....Respondents Through:

Mr. Manashwy Jha, Advocate for R-1.

Mr. Siddhant Nath, SC with Mr.

Bhavishya Makhija, Mr. Amaan Khan, Advocates for MCD.

Mr. Shashi Pratap Singh, Ms.

Aishwarya Bhatia, Advocates for DDA.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 30.07.2025 1.

Issue notice. Mr. Manashwy Jha, learned counsel, accepts notice on behalf of the Government of National Capital Territory of Delhi ["GNCTD"]. Mr. Siddhant Nath, learned Standing Counsel, accepts notice on behalf of the Municipal Corporation of Delhi ["MCD"]. 2.

At the request of Mr. V.P. Rana, learned counsel for the petitioners, DDA is impleaded as respondent No. 4 in the writ petition. Amended memo of parties be filed by tomorrow. Mr. Rana has already served the learned Standing Counsel for DDA and DDA is also represented before The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

me by Mr. Shashi Pratap Singh, learned counsel. Notice upon DDA is therefore dispensed with.

3.

In view of the submissions that have been made today, notice upon respondent No. 3 - Station House Officer, Alipur, is not required. 4.

The petitioners claim to be the owners in possession of land measuring 17 Bigha 14 Biswas comprising Khasra Nos. 13/10 (0-07-08), 13/11 (1-07-12), 13/12/1 (2-15), 13/19/1 (0-18), 13/20/2 (1-08), 13/21/2 (0-10), and 13/22/1 (0-08), situated in the Revenue Estate of Village Akbarpur Mazra, Tehsil - Alipur, District - North Delhi - 110036 ["subject property"].

5.

The grievance for which they have approached the Court is that they have allegedly been impeded in construction of a boundary wall around their property.

6.

In support of their claim that they are the owners of the subject property, the petitioners have placed on record a registered Sale Deed dated 14.02.2025, executed in their favour by the previous owner of the property. The vendor, Shri Mrityunjay Kumar, is stated to be the son of Deoki Nandan Prasad Sinha, in whose favour mutation was also carried out, as reflected in Annexure P-2 to the writ petition. 7.

Mr. Rana submits that the petitioners are entitled to construct a boundary wall of five feet around the subject property, without any requirement of permission or sanction, but their proposed construction is being impeded by Revenue Authorities and the MCD. 8.

The matter was passed over to enable learned counsel for the respondents to take instructions. Mr. Jha submits, upon instructions, that the authorities of GNCTD have not caused any impediment to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

construction of the boundary wall. He states that, so long as the boundary wall is limited to the height of 5 feet, they have no objection to the construction. It is the contention of Mr. Nath and Mr. Shashi Pratap Singh that the area does not fall within the jurisdiction of the MCD and DDA at all.

9.

Mr. Rana submits that the petitioners will not carry out any construction other than a boundary wall, of a maximum 5 feet height. They are directed to file an undertaking to this effect by tomorrow, and to serve a copy thereof upon Mr. Jha.

10.

The petition is disposed of in these terms.

PRATEEK JALAN, J JULY 30, 2025 'Bhupi/JM'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.