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Delhi High Court
Vijay Kumar Diwakar vs South Delhi Municipal Corporation & Ors on 28 March, 2026
Bench: Prathiba M. Singh, Manmeet Pritam Singh Arora
$~2(SDB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 28th March, 2026
Uploaded on: 02nd April, 2026
+ W.P.(C) 5751/2014 & CM APPLs. 14183/2014, 19236/2018,
12347/2022, 12348/2022
VIJAY KUMAR DIWAKAR .....Petitioner
Through: Mr. Rajiv Kumar Ghawana, Mr.
Vikalp Chardela and Mr. Shivam
Chaudhary, Advs.
versus
SOUTH DELHI MUNICIPAL
CORPORATION & ORS. .....Respondents
Through: Ms. Prabhsahay Kaur, SC, DDA with
Ms. Deeksha L. Kakar, Ms. Sana
Parveen, Mr. Aditya Verma, Mr. Bir
Inder Singh, Advs. along with Mr.
Dhamesh Garg and Mr. Durganand
Minj, AD/DDA/LM for DDA.
Mr. Bhagvan Swarup Shukla CGSC
with Mr. Sarvan Kumar, Mr. Mukesh
Pandey, Advs. for UOI.
Mr. Anubhav Gupta, Panel Counsel (
Civil) / GNCTD, Mr. Siddharth
Arora, Mr. Kartik Sharma,
Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. On the last date of hearing, i.e., 27th February, 2026, this Court passed
the following directions:
"6. In the opinion of this Court, the ultimate
decision is that of the Government of National Capital
Territory of Delhi (hereinafter, 'GNCTD') as to the
manner in which the Zone 'O' is to be made free from
unauthorised occupation and encroachment.
7. Accordingly, this Court directs Chief
Secretary, GNCTD to hold a meeting with officials
from the Municipal Corporation of Delhi, DDA and
any other agencies as may be required in order to come
up with a comprehensive plan as to the manner in
which the unauthorised colonies can be removed from
Zone 'O' completely, so that the river bed of the
Yamuna is free from pollution which is caused due to
untreated water and untreated sewage from these
colonies going directly into the river.
8. In fact, it is submitted on behalf of the DDA
that no document registration is being permitted in any
of these colonies as the same are located in Zone 'O'.
9. The said meeting shall be held by the Chief
Secretary, GNCTD by 15th March, 2026 and the report
shall be filed before this Court by 28th March, 2026."
3. Today, Minutes of the Meeting dated 25th March, 2026 have been
placed before the Court. The same has also been served upon ld. Counsel for
the Petitioner. The decision/action plan in terms of the said Minutes of the
Meeting are as under:-
"MINUTES OF MEETING
A meeting was held under the Chairmanship of Chief
Secretary, GNCTD on 10.03.2026 at 03:00 PM at Chief
Secretary Conference Room, 5th Level, Delhi Secretariat,
New Delhi-110002, in compliance with the directions of
the Hon'ble High Court of Delhi dated 27. 02. 2026 in
WP (C) No 5751/2014 titled "Vijay Kumar Diwakar vs.
SDMC & Ors." regarding removal of unauthorized
colonies from Zone-O.
The meeting was attended by the officers of following
Offices.-
1. Commissioner, Municipal Corporation of Delhi.
2 Secretary-cum-Divisional Commissioner, Revenue
Department, GNCTD
3. Principle Secretary, Law, GNCTD.
4. Secretary, Urban Development Department, GNCTD
5. Secretary, Environment & Forest, GNCTD.
6. DEO, DUSIB, GNCTD.
7. ACEO, Delhi Jal Board, GNCTD
8. Sr. Officers of Delhi Development Authority.
The List of participants in the meeting is annexed as
Annexure-A.
The meeting deliberated in detail on the issue of
unauthorized constructions and encroachments in Zone-
O. After extensive discussions, the following Decisions /
Action Plan is proposed for dealing with unauthorized
colonies in Zone-O:
1. DDA being the primary land-owning and caretaker
agency in respect of Zone-O shall immediately undertake
and complete the second phase of drone survey of the
area to assess the latest status of unauthorized
constructions and encroachments and to prevent any
further unauthorized construction in Zone-O.
It was also observed, as noted by the Hon'ble High Court,
that the unauthorized colonies in Zone-O could not have
come up overnight and that such unauthorized
developments have taken place despite Zone-O being a
prohibited area for development.
DDA informed that the first phase of the drone survey in
Zone-O has already been completed and that the second
phase will commence shortly. The meeting decided that
the second phase of the drone survey shall be completed
immediately to ensure that no further unauthorized
development takes place in the area and to enable actions
on all unauthorized constructions.
2. It was noted that the Special Task Force (STF)
constituted with approval of Central Government, vide
notification dated 08.03.2019 under the Chairpersonship
of the Vice Chairman, DDA was constituted to ensure
coordination amongst various agencies for timely and
effective actions and has the mandate to identify
encroachments on Government land, reclaim such
encroached Government land, oversee enforcement of
applicable laws by local bodies particularly with respect
to use violations and unauthorized constructions, and
monitor action taken by local bodies across NCT of
Delhi.
3. Encroachments or constructions in Zone-O that are not
protected under any statutory provisions (including the
Delhi Laws (Special Provisions) Act) or by any judicial
order shall be identified immediately and taken up for
enforcement action through the Special Task Force (STF)
in accordance with the provisions of law and due process.
4. In view of the above mandate, the STF shall act as the
nodal mechanism to address the issue of unauthorized
constructions and encroachments in the form of
unauthorized colonies in Zone-O. DDA shall convene a
special meeting of the STF at the earliest and place before
it a comprehensive action plan for removal of
unauthorized constructions and encroachments in Zone-
O, which shall be finalized through the STF and
submitted within 10 days.
5. The STF shall thereafter ensure immediate and
systematic execution of the approved action plan and
monitor the enforcement actions undertaken by the
concerned agencies for removal of unauthorized
constructions and encroachments in Zone-O.
6. I It was further decided that MCD, all Departments of
the Government of NCT of Delhi, land owning agencies,
and Delhi Police shall ensure compliance of directions of
the Special Task Force(STF) for effective enforcement
and removal of unauthorized constructions and
encroachments in Zone-O at the earliest.
7. DDA shall also undertake a comparative assessment
between the findings of the first and second drone
surveys, and if any additional unauthorized construction
or development is found to have taken place during the
intervening period, immediate enforcement action shall
be taken in accordance with the provisions of law and
following due process. Responsibility shall also be fixed
and disciplinary action initiated against the concerned
field officials, wherever such unauthorized development
is found to have occurred as it clearly reflects their
negligence and lack of monitoring.
8. DDA and concerned land owning agencies shall
deploy designated field officers clearly delineating their
areas of Zone-O These officers shall be directly
responsible for monitoring and preventing any
unauthorized constructions and encroachments. These
officers shall ensure that no further unauthorized
construction takes place in their respective jurisdictions
and shall submit weekly monitoring reports in this regard
to the STF.
9. In case any new unauthorized construction or
encroachment is found to have taken place in any such
area, DDA and concerned land owning agency shall fix
responsibility and initiate disciplinary action against the
concerned officers responsible for monitoring that area.
The meeting ended with a vote of thanks to the Chair."
4. As can be seen from the above Minutes of Meeting dated 25th March
2026, the primary land-owning and caretaker agency in respect to Zone 'O'
is the Delhi Development Authority (hereinafter, 'DDA'). This position has
been agreed between the various agencies including the Municipal
Corporation of Delhi (hereinafter, 'MCD'), the Revenue Department,
Government of National Capital Territory of Delhi (hereinafter, 'GNCTD'),
Ministry of Housing and Urban Development, Delhi Urban Shelter
Improvement Board (hereinafter, 'DUSIB'), Delhi Jal Board (hereinafter,
'DJB') and DDA. Thus, going forward, insofar as Zone 'O' is concerned, it
is the DDA which would be the responsible agency to implement any orders
that may be passed by this Court.
5. Mr. Ajay Kadian, Director Land Management, DDA has joined the
proceedings virtually and submits that out of the 9,700 hectares in Zone 'O',
DDA only owns approximately 4,000 hectares.
6. The submission of Mr. Ajay Kadian, Director Land Management,
DDA is that the DDA cannot be responsible for the remaining portion of the
land in Zone 'O'. It is further submitted that in view of the Minutes of
Meeting dated 25th March, 2026, DDA would be the responsible agency for
Zone 'O'. It is also pointed out that the Special Task Force headed by the
Vice Chairman, DDA has to now conduct the second drone survey of Zone
'O'.
7. The agreed Minutes of Meeting dated 25th March, 2026 also state that
encroachments in Zone 'O' shall be removed and any unauthorized
constructions shall also be removed.
8. Since these 91 colonies in Zone 'O' are unauthorized colonies, there
is no question of any sanction plan being given to anyone, in these colonies.
The Special Task Force, which shall be chaired by the Vice Chairman, DDA,
shall undertake continuous monitoring and supervision of this area to ensure
that there is no unauthorized construction and encroachments in this Zone.
9. It is pointed out, that insofar as these 91 colonies are concerned, as per
an affidavit which has been handed over to this Court filed by the DDA
before the National Green Tribunal in OA No. 190/2024, the DDA has
highlighted a contradiction between Regulation 7 of the National Capital
Territory of Delhi (Recognition of Property Rights of Residents in
Unauthorised Colonies) Regulations, 2019 and Section 3(2)(ii) of the
National Capital Territory of Delhi Laws (Special Provisions) Second Act,
2011. The contents of the said affidavit are relevant and are set out below:-
"2. It is submitted that in view of the exclusion under
Regulation No.7 of the National Capital Territory of Delhi
(Recognition of Property Rights of Residents in
Unauthorised Colonies), Regulations, (hereinafter
referred to as "NCT Regulations, 2019"], no rights have
been conferred upon the 90 unauthorized colonies falling
under Zone-O.
3. It is submitted, however, that the said colonies are part
of the list of 1731 unauthorised colonies identified by the
Government of NCT, Delhi ("GNCTD"), under the NCT
Regulations, 2019.
4. Section 3(2)(ii) of the National Capital Territory of
Delhi Laws (Special Provisions) Second Act, 2011
[hereinafter referred to as the "Special Provisions Aet"],
provides for maintaining of status quo in respect of
unauthorized colonies identified under the NCT
Regulations, 2019, existing as on 31.03.2002, and where
construction took place up to 01.06.2014.
5. Section 4 of the Special Provisions Act further does not
provide for any exception to the provisions of Section
3(2)(ii), in respect of colonies falling under the Zone O. In
fact, there appears to be no explicit inclusion or exclusion
of colonies falling in the O-Zone under the Special
Provisions Act.
7. For clarity on the aspect of the action to be taken,
meetings were held amongst various departments of the
DDA. Opinion of the legal department was also taken. In
view of the apparent contradiction under Regulation 7 of
the NCT Regulations, 2019 and Section 3 of the Special
Provisions Act, it was decided by the Competent
Authority, that the matter at hand be referred to the
Ministry of Housing and Urban Affairs, Government of
India (Mohuas), under Section 5 of the Special Provisions
Act, for seeking a clarification/opinion as to whether
action for removal of such unauthorized colonies under
the Zone O, having an estimated population of 20-25 lakhs
(approx.), would be permissible, as also for clarity on the
criteria and provisions applicable for the relocation and
rehabilitation of such persons. A copy of the
communication dated 30.10.2025 addressed by Director
(LM)-II to Dy. Secretary, Delhi Division-V, MoHUA is
annexed hereto as Annexure-2."
10. As per the above, clarification has been sought by the DDA from the
Ministry of Housing and Urban Affairs, Government of India, as to whether
action for removal of the unauthorized colonies under Zone 'O' would be
permissible. This area having 91 colonies is stated to be having a population
of 20-25 lakhs.
11. Further, ld. Counsel for the Petitioner has also highlighted that in the
Draft Master Plan for Delhi, which is under consideration with the DDA,
Zone 'O' is proposed to be divided into two areas. As per the ld. Counsel,
one is to be the area consisting of all these unauthorized colonies and the
other area is the green area.
12. Let the above submission be dealt with by the Director Land
Management, DDA by filing an affidavit explaining as to what is the
proposal for Zone 'O' in the Draft Master Plan.
13. Insofar as the clarification sought from the Ministry of Housing and
Urban Development is concerned, Mr. Ajay Kadian has submitted to the
Court that he has written a letter dated 30th October, 2025, but has not yet
received any reply in respect of the said clarification sought.
14. On a query as to who is the concerned official in the said ministry,
Mr. Ajay Kadian has named Ms. Garima Sharma, Undersecretary (Mobile
No.: 9716359442) with whom he has been following up.
15. Accordingly, let Mr. Ajay Kadian hold a meeting with the Secretary
of the Ministry of Housing and Urban Affairs in this regard. In the said
meeting, if any other official wants to be present, they may be called for the
said meeting. The Secretary, Ministry of Housing and Urban Affairs shall
hold the meeting on 6th April, 2026 at 11.30 AM.
16. After holding the said meeting, the Ministry of Housing and Urban
Affairs shall clarify its position before this Court by way of an affidavit by
the next date of hearing.
17. All the participants in the Minutes of the Meeting dated 25th March,
2026 would also be permitted to attend the said meeting.
18. The present order shall be communicated to the Secretary, Ministry of
Housing and Urban Affairs by Mr. Bhagwan Swarup Shukla, ld. CGSC.
19. Mr. Bhagwan Swarup Shukla, ld. CGSC, who is present in Court, is
requested to accept notice on behalf of Union of India.
20. Insofar as the remaining decisions taken in the Minutes of the Meeting
dated 25th March, 2026 is concerned, the following directions are issued:-
i) The second phase of the drone survey shall be completed by the
DDA within the next two weeks and a report shall be filed in this
regard by the next date of hearing.
ii) Apart from the 91 unauthorized colonies, if there are any other
unauthorized colonies or any encroachment or construction, the
same shall be removed in the next two weeks.
iii) A Designated Field Officers team shall be created by the DDA in
terms of paragraph 8 of the said Minutes of the Meeting dated 25th
March, 2026.
iv) A public notice shall be put up in the area by Mr. Ajay Kadian for
reporting of any unauthorised construction or encroachments in
Zone 'O' to a specific email address or mobile number. The said
public draft notice shall be approved by Mr. Prabhsahay Kaur, ld.
Counsel for DDA and the same shall be put up in the Zone 'O' at
all prominent places.
v) It is made clear that without any further orders from this Court, Mr.
Ajay Kaidan shall not be transferred or moved from his present
position, as the Director, Land and Management, DDA so that he
can assist the Court.
vi) The Special Task Force shall also hold a meeting on or before 4th
April, 2026 for information and compliance of the directions
passed by the Court.
21. Under these circumstances, it is directed that Mr. Ajay Kaidan,
Director, Land and Management, DDA, who is present in Court shall
constitute necessary teams to ensure that there is constant supervision and
manning in the Zone 'O' area including by use of technology/ drones or any
other measures that need to be taken to ensure that there is no further
encroachment or unauthorised occupation in the Zone 'O' area. It is made
clear that stringent action shall be taken against any persons who are found
to be making any constructions or encroaching upon the Zone 'O' area.
22. Let a copy of this order be communicated to the SHOs of all the
colonies falling in the Zone 'O' area.
23. A copy of this order be communicated to the Commissioner of Police,
Delhi by the Registry who shall direct all SHOs to keep a watch in this area
so that there is no unauthorised construction or encroachment. If any
assistance is sought by DDA in this regard, complete assistance shall be
provided by the Delhi Police to the DDA.
24. Let a further status report be placed on record by the DDA by the next
date of hearing. Moreover, on the said date, a printed map of Zone 'O' shall
be produced before the Court for convenience, properly delineating the
location of the 91 unauthorised colonies and if there are any other areas which
need to be looked at by this Court.
25. Let a further status report be placed on record by the DDA and the
Secretary, Ministry of Housing & Urban Development - GOI, by the next
date of hearing. Moreover, on the said date, a printed map of Zone 'O' shall
be produced before the Court for convenience, properly delineating the
location of the 91 unauthorised colonies and if there are any other areas which
need to be looked at by this Court.
26. The Minutes of the Meeting dated 25th March, 2026 and the affidavit
of the DDA is taken on record.
27. List on 18th April, 2026 at 2.30 P.M.
PRATHIBA M. SINGH
JUDGE
MANMEET PRITAM SINGH ARORA
JUDGE
MARCH 28, 2026/MR/ck
