Delhi High Court · 2025

W.P.(C) 17610/2022 Page 1 of 8 $~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17610/2022 & CM APPL. 56325/2022 VINAY KUMAR @ VINAYSAHARAWAT & ANR. .....Petitioners Through: Mr. Manish Kumar, Adv. Mob: 9873950114 Email: [email protected] versus MUNICIPAL CORPORATION DELHI THROUGH COMMISSIONER & ORS. .....Respondents Through: Ms.Tajinder Virdi, Standing Counsel for R-MCD (Through VC) Mob: 9818834444 & 9718834444 Email:[email protected], [email protected] Ms. Mrinalini Sen and Ms. Rima Rao, Advs. for R-DDA Mob: 7200661772 Email: [email protected] Mr. Sarfaraz Hussain, Adv. for R-5 Mob: 9818225972 Email: [email protected] Mr. Abhinav Sharma and Mr. ` Shubham, Advs. for R-GNCTD CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed seeking directions to respondent nos. 1 and 2, to remove the encroachment and the illegal and unauthorized construction carried out in the shape of Tomb and/or Mosque, O R D E R % 17.09.2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2025 at 12:22:31 W.P.(C) 17610/2022 Page 2 of 8 falling under Khasra No. 29, next to Sahib Singh Verma Community Hall and Store of MCD, of village Sahipur, Shalimar Bagh, Delhi. There is further prayer for directions to respondent no. 5 to stop any further unauthorized construction. 2. Learned counsel appearing for the petitioners draws the attention of this Court to the reply filed on behalf of respondent no. 5, wherein, it is stated as follows: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2025 at 12:22:31 W.P.(C) 17610/2022 Page 3 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2025 at 12:22:31 W.P.(C) 17610/2022 Page 4 of 8 3. By referring to the aforesaid, learned counsel appearing for the petitioners submits that it is the case of the respondent no. 5 itself, that the area of the Masjid is 40 sq. yds. Thus, he submits that any construction beyond the aforesaid area, ought to be removed. 4. He further draws the attention of this Court to the Status Report dated 09th May, 2017 filed on behalf of the Delhi Development Authority (“DDA”), wherein, it is stated as follows: 5. Learned counsel for the petitioner, thus, submits that as per the stand of the DDA, the land in question has been transferred to the Municipal Corporation of Delhi (“MCD”). 6. Per contra, learned counsel appearing for the MCD draws the attention of this Court to the order dated 25th“xxx xxx xxx 3. Relevant portion of the letter dated 16 April, 2017, passed in W.P.(C) 3577/2017, titled as “Sahipur Gram Vikas Welfare Association (Regd.) Versus North Delhi Municipal Corporation and Ors.”, and relies upon Para 5, which reads as under th"During the course of routine inspection of Shalimar Bagh area, February, 2017 is reproduced hereunder: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2025 at 12:22:31 W.P.(C) 17610/2022 Page 5 of 8 it has been found by the field staff that a Mosque is being construced near the MCD Store, Ward No.55, adj. to Dr. Saheb Singh Verma Community Hall Sahipur, Shalimar Bagh, Delhi by way of encroachment on Government land. On enquiry by the field staff it is revealed that the area/land in question falls under the jurisdiction of DDA." (Emphasis supplied) xxx xxx xxx 5. Considering that respondent no. 5 is raising construction on the government land, respondent no.5 is restrained from carrying any further construction in the subject property till the next date of hearing. xxx xxx xxx” 7. Thus, by referring to the aforesaid, it is submitted that it had come on record that the land in question falls within the jurisdiction of DDA. 8. Learned counsel appearing for the MCD further relies upon the order dated 12th“xxx xxx xxx 8. It is pointed by Ms. Mansi Gupta, learned counsel for the Municipal Corporation of Delhi, that by an interim order dated 25.04.2017, respondent No. 5 had been restrained from carrying out any further construction in the subject property. September, 2023, passed in W.P.(C) 3577/2017, and relies upon Para 8 of the order, which reads as under: Mr. Sarfaraz Hussain, learned counsel for the respondent No. 5, states that no construction on the premises has since been carried out and respondent No. 5 does not intend to carry out any construction on the subject premises9. By referring to the aforesaid order, learned counsel appearing for the MCD submits that respondent no. 5 had already undertaken that he does not intend to carry out any construction on the premises in question. . He submits that if any construction is required to be carried out, respondent No. 5 will do so after obtaining the requisite permissions from the statutory authorities. Respondent No. 5 is bound down to the aforesaid undertaking. xxx xxx xxx” (Emphasis Supplied) 10. She further draws the attention of this Court to the Joint Inspection This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2025 at 12:22:31 W.P.(C) 17610/2022 Page 6 of 8 Report, which reads as under: 11. By referring to the aforesaid, it is stated that the land in question is an This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2025 at 12:22:31 W.P.(C) 17610/2022 Page 7 of 8 acquired land and has been transferred to the DDA. 12. Learned counsel appearing for the DDA submits that since the land in question falls on the border of two villages, demarcation shall be carried out by the DDA by Total Station Method (“TSM”) and requisite action shall be taken, accordingly. 13. Learned counsel appearing for the DDA also draws the attention of this Court to the Joint Inspection Report dated 25th January, 2024, which is reproduced as under: 14. By referring to the aforesaid, learned counsel appearing for DDA submits that the land in question falls within the jurisdiction of village Peepal Thala, and falls within the jurisdiction of the Sub-Divisional Magistrate (“SDM”) Model Town and DDA. She, thus, submits that requisite action shall be taken accordingly by both the authorities. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2025 at 12:22:31 W.P.(C) 17610/2022 Page 8 of 8 15. Accordingly, the DDA and SDM Model Town shall ensure that if further unauthorized construction takes place in the land in question, and in case, any encroachment exists, requisite action shall be taken in accordance with law. 16. Learned counsel appearing for respondent no. 5 submits that no unauthorized construction or any other construction, is being carried out by respondent no. 5. Learned counsel appearing for respondent no. 5 further submits that the structure measuring 40 sq. yds, has been existing since 1969. 17. Thus, this Court notes the aforesaid submission made by learned counsel appearing for respondent no. 5 that respondent no. 5 is not carrying out any further construction. 18. Considering the submissions made before this Court, the DDA along with SDM, Model Town, is directed to ensure that no further unauthorized construction takes place in the area in question. Further, the DDA shall also take requisite action for removal of encroachment, if any, which is found by the DDA, after carrying out the demarcation process. 19. With the aforesaid directions, the present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 17, 2025/SK