Resident Welfare Association v. Municipal Corporation of Delhi

Delhi High Court · 06 Oct 2025 · 2025:DHC:8861
Mini Pushkarna
W.P.(C) 15261/2025
2025:DHC:8861
administrative petition_allowed

AI Summary

The Delhi High Court directed municipal authorities to jointly inspect alleged illegal encroachments on public land and take lawful action to remove them, ensuring due process and notice to occupiers.

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HIGH COURT OF DELHI
Date of Decision: 06th October, 2025
W.P.(C) 15261/2025 & CM APPL. 62540/2025
RESIDENT WELFARE ASSOCIATION, E-BLOCK, PREET VIHAR, DELHI .....Petitioner
Through: Mr. Sacchin Puri, Sr. Advocate
WITH
Mr. Puneet Sharma, Mr. Utkarsh Soni, Mr. Harshit Sharma, Mr. Dhan Singh, Mr. Jai Choudhary, Mr. Siddharh Goyal and Mr. Dinesh Bhadauria, Advocates
Mob: 8384089264 Email: sharmaandsoniassociates@gmail.com
VERSUS
MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents
Through: Ms. Shahana Farah, ASC for DDA
WITH
Mr. Abhigyan, Ms. Reya Paul and Ms. Amruta Padhi, Advocates
Mob: 9810006902 Mr. Sachin Singh Shahi, SC for MCD
WITH
Mrs. Shashi Gupta, Mr. Arnav Gupta, Advocates
Mob: 6398396980 Email: m.guptaadvocate@yahoo.in
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL):
JUDGMENT

1. The present writ petition has been filed seeking directions to the authorities for demolition and removal of illegal encroachments by residents of E-96 and E-97 at Preet Vihar, East Delhi-110092.

2. Learned Senior Counsel appearing for the petitioner draws the attention of this Court to Annexure P-3, which is reproduced as under:

3. By referring to the aforesaid document, learned Senior Counsel appearing for the petitioner submits that the areas marked as blue and red are part of public land, which have been gated unauthorizedly, with a view to obstruct the access of general public.

4. Attention of this Court is also been drawn to the photographs, three of which are reproduced as under:

5. Learned counsels appearing for respondent nos. 1 and 2, on advance notice, submit that they shall inspect the area in question, and take requisite action, in accordance with law.

6. Accordingly, the Municipal Corporation of Delhi (“MCD”) as well as Delhi Development Authority (“DDA”) are directed to inspect the area in question, in order ascertain as to whether the area which has been gated as shown above, are part of the private plots or part of public land. Let the needful be done within a time bound manner, preferably, within a period of six weeks from today.

7. The concerned officials of the MCD and DDA shall coordinate with each other in order to carry out a joint inspection. At the time of joint inspection, the authorities shall give due notice to the occupiers of the plots in question, so that inspection is done in their presence.

8. In case, the said area which has been gated falls within the public land, requisite action shall be taken by the authorities, after following the due process of law.

9. The outcome of the inspection shall be duly intimated to the Resident Welfare Association (“RWA”).

10. With the aforesaid directions, the present writ petition, along with the pending application, is disposed of. MINI PUSHKARNA, J OCTOBER 6, 2025