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Delhi High Court
Residence Welfare Association Ekta ... vs Divisional Commissioner (Revenue) & ... on 13 March, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2159/2023
Date of Decision: 13.03.2026
IN THE MATTER OF:
RESIDENCE WELFARE ASSOCIATION EKTA ENCLAVE
(REGD.) THROUGH ITS PRESIDENT SH. RAM AVTAR TYAGI
.....Petitioner
Through: Mr. K.B. Shankar, Advocate.
versus
DIVISIONAL COMMISSIONER (REVENUE) & ORS.
.....Respondents
Through: Ms. Kritika Gupta with Ms. Vidhushi
Singhania, Advocates for DDA.
Mr. Anubhav Gupta with Mr.
Siddharth Arora, Advocates for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The petition is for the following relief:
"(i) issue appropriate writ, order, directions including writ of
mandamus, prohibition, directing the respondents no. l to 6 and their
officials to restrain the Bhoo-Mafias/muscle men to the illegal
encroachment/grab and block the Govt. Rasta (Public Rasta No.31)
situated at Village Kamalpur Mazra Burari Delhi.
(ii) issue appropriate writ, order, directions including writ of
mandamus, prohibition, directing the respondents no. l to 6 for
taking legal action against the land grabbers, Bhu-Mafia, Builders
Signed By:NEHA CHOPRA Signed
Signing Date:17.03.2026 By:PURUSHAINDRA
13:48:32
KUMAR KAURAV
and encroachers, who have illegally encroached the Govt. Road i.e
Public Rasta No.31 situated at Village Kamalpur Mazra Burari
Delhi."
2. During the pendency of the petition the Delhi Development Authority
[DDA] was directed to place on record the status report and the latest status
report dated 19.11.2025 would indicate that the road (Rasta No.31) falls in
Khasra No.31 of Village Kamalpur Majra, Burari which is Gram Sabha and
is Government land. The said land has been handed over to the DDA on
15.12.2020 by the Revenue Department, Govt. Of NCT of Delhi. Since at
the time of handing over the physical possession of the land, the Revenue
Department, Govt. Of NCT of Delhi had not handed over the verified Total
Survey Station [TSS] superimposed Sajra plan of the land, and therefore, the
boundaries of the khasra were unidentifiable.
3. In view of the directions passed by the Court on 16.05.2025 a joint
survey with the Revenue Department was conducted. During the survey, it
was found that without TSS verification of the land in question it was not
possible to ascertain whether the built up structures found on site exists with
the Khasra No.31 of the said village. The TSS verification was, therefore,
conducted on 05.06.2025. The TSS verification was then superimposed on
Sajra plan of the land and with the assistance of satellite image, the
boundaries of Khasra no.31 was ascertained. With the help of this exercise,
the width of the road/carriageway and the length of the road/carriageway has
been ascertained and the process of physical marking the same on site has
also been completed. In paragraph nos.6 to 11 of the status report the
respondent DDA has taken the following position:
"6. That the rasta bearing Khasra No 31 of village Kamalpur Majra
Signed By:NEHA CHOPRA Signed
Signing Date:17.03.2026 By:PURUSHAINDRA
13:48:32
KUMAR KAURAV
Burari has been demarcated at site as per the TSS verified by the
Land Management Department of DDA and Revenue Department,
GNCTD.
7. That the rasta as per Sajra Plan of the Village has been shown as
aqua colour in the drawing annexed herewith as Annexure A.
8. That the current status Raasta 1s shown m drawing filed at
Annexure B.
a. The length of this rasta i.e., 107 metres approximately is lying
vacant, which has been marked with light green colour in the
drawing.
b. The existing rasta under use at site is marked with green colour in
Drawing at Annexure B. Length of this rasta i.e. 111 metres
approximately is not as per the alignment as shown in the Sajra Plan
of the village. The rasta having length of 111 metres approximately as
per Sajra plan is encroached. This has been marked with yellow
colour in the drawing.
c. The existing kaccha portion (not under the jurisdiction of DDA) in
the alignment of the existing rasta has been earmarked as brown
colour in the drawing.
d. Some portion of the rasta as per the sajara plan has been marked
with green colour (adjoining Barat Ghar) in the drawing.
9. Case has been initiated for taking approval to remove the
encroachment and demolition/removal of encroachment shall be
conducted after lifting of GRAP -- III restrictions and approval of the
competent authorities.
10. That it is respectfully pointed out that the lands adjacent to
Khasra No. 31 of Village Kamalpur Majra, Burari i.e., Killa No. l I
and Killa No. 12 of Village Kamalpur Majra, Burari do not belong to
the Respondent No. 7/ DDA, and thus Respondent No. 7/DDA does not
have access to the land records thereto.
11. Thell during the visit on 11.11.2025, the complainant RWA
pointed out the area alleged to have been encroached upon by "Bhoo-
mafias." Upon detailed verification at the site and as per the land
distribution explained above, it was observed that the so-called
encroached area contains some malba and loose earth, which does
not constitute any permanent structure or illegal occupation. The
deposition of malba appears to be temporary in nature. No signs of
unauthorized construction or occupation by any individual were found
during the visit. A photograph of the site is annexed herewith as
Anncxure C."
4. It is, thus, seen that the adequate steps have been taken by the DDA
and DDA also undertakes to carry out the further inspection and undertakes
Signed By:NEHA CHOPRA Signed
Signing Date:17.03.2026 By:PURUSHAINDRA
13:48:32
KUMAR KAURAV
to remove unauthorized construction (if any). With respect to the garbage
etc. it is stated that the same is of temporary in nature and regular steps are
being taken to ensure that there is no malba or garbage on the public
pathway. The submission of the DDA is placed on record.
5. The Court also grants liberty to the petitioner to make further
grievance before the DDA in case according to the petitioner the steps are
not fully taken by the concerned authority. The petitioner shall also have
liberty to approach the concerned jurisdictional magistrate, in case the
petitioner finds that public nuisance exits. The concerned jurisdictional
magistrate is empowered under Section 152 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 [BNSS] to pass appropriate conditional order for
removal of nuisance.
6. With these observations, the petition stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J
MARCH 13, 2026
tr
Signed By:NEHA CHOPRA Signed
Signing Date:17.03.2026 By:PURUSHAINDRA
13:48:32
KUMAR KAURAV
