Luv Nagpal & ANR. v. Govt. Of NCT Of Delhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13567/2025 LUV NAGPAL & ANR.

.....Petitioners Through:

Mr. Sunil Dutt Dixit, Advocate.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Lalltaksh Joshi and Ms.

Ananya Sanjiv Saraogi, Advocates for GNCTD.

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

Shivam Takiar and Mr. Prateek Dhir, Advocates.

Mr. Raksh Malhotra, Mr. Bharat Malhotra and Ms.

Shipra, Advocates for MCD.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 03.09.2025 CM APPL. 55691/2025 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 13567/2025 1.

Issue notice. Mr. Lalltaksh Joshi, learned counsel, accepts notice on behalf of respondent No.1-Government of National Capital Territory of Delhi ["GNCTD"]. Ms. Shobhana Takiar, learned counsel, accepts notice on behalf of respondent No.2-Delhi Development Authority W.P.(C) 13567/2025 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.

["DDA"]. Mr. Raksh Malhotra, learned counsel, accepts notice on behalf of respondent No.3-Municipal Corporation of Delhi. 2.

The only relief sought by the petitioners in this writ petition is for a direction upon the respondents to demarcate property measuring 5 Bighas and 16 Biswas in Khasra No.3/2 (5-12) and Khasra No.2/22 (0-4) situated in the area of Holambi Khurd, Delhi, of which they claim to be the owner in possession.

3.

The position that the village in question has been urbanised by notification dated 21.11.2019 is undisputed.

4.

The question of whether the revenue authorities or DDA retain jurisdiction to carry out demarcation after urbanisation remains pending before the Full Bench in Original Reference No. 1/2024. However, in order to resolve the petitioners' grievance while the matter remains pending, Ms. Takiar submits that, without prejudice to the rights and contentions of the parties in Original Reference No. 1/2024, DDA will associate itself with the demarcation exercise. Mr. Joshi submits that in all such cases, even if the jurisdiction is with DDA, GNCTD provides necessary support and assistance in carrying out the demarcation proceedings. The demarcation, in any event, is carried out through a third-party agency.

5.

Having regard to these submissions, and in order for the exercise of demarcation to be carried out expeditiously, even while the question of jurisdiction remains pending before the Full Bench, the writ petition is disposed of with the direction that DDA and GNCTD may coordinate to carry out the demarcation of the subject land in the presence of the petitioners or their representatives, within a period of four months from W.P.(C) 13567/2025 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.

today. The expense for the same will be borne by the petitioners. 6.

It is made clear that this exercise will be carried out without prejudice to the rights and contentions of DDA and GNCTD before the Full Bench, and also without prejudice to the rights and contentions of any third party.

7.

The petition is disposed of with these directions. PRATEEK JALAN, J SEPTEMBER 3, 2025 SS/AD/ W.P.(C) 13567/2025 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.