Judgment · High Court

% 18.09.2025

The present petition has been filed by petitioner seeking following reliefs:

A. Call the record of the Sealing cum Demolition order dated 03.01.2024 under section 30 (1), 31(1) and 31-A of the Delhi Development Act, 1957, passed by the Executive officer, Development Area/ North Zone, DDA office of the Director (LM)/North Zone, LSC, LU-Block, Pitampura, Delhi in respect of land bearing No. 99, 106, 152 in Village Mukhmel Pur, Delhi; B. Issue a writ of Certiorari or any other writ of similar nature or order/direction to set aside the Sealing cum Demolition order dated 03.01.2024 under section 30 (1), 31(1) and 31-A of the Delhi Development Act, 1957, passed by the Executive officer, Development Area/ North Zone, DDA office of the Director (LM)/ North Zone, LSC, LU-Block, Pitampura, Delhi in respect of land bearing No. 99, 106, 152 in Village Mukhmel 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 20/09/2025 at 12:44:19 Pur, Delhi; C. Issue a writ of Mandamus or a writ of similar nature or order/direction to respondent to issue a proper show cause notice and afford an opportunity to the petitioner and other co-sharers of the boundary wall and pass a speaking order considering the policy of regularisation or similar provisions of law; D. Issue a writ of Mandamus or a writ of similar nature or order/direction to the respondent whereby restraining from demolition till the appeal is decided in MCD Appellate Tribunal

Mr. Dilip Singh, learned counsel appearing on behalf of petitioner submits that challenge in the present petition is essentially to the sealing-cum-demolition order dated 03.01.2024 passed by respondent/DDA under Sections 30(1), 31(1) and 31-A of the Delhi Development Act, 1957.

He submits that the said order was initially impugned by the petitioner by filing a civil suit. However, upon realizing that the remedy of petitioner lies before the Appellate Tribunal (MCD), the said suit has been withdrawn on 17.09.2025 and petitioner is in the process of preferring an appeal before the Tribunal against the aforesaid order of demolition dated 03.01.2024.

He further submits that the Presiding Officer of the Tribunal has recently demitted the Office and the new Presiding Officer is yet to take over, therefore, the petitioner may be protected till the time the appeal of petitioner is taken up by the Tribunal for consideration.

In view of the limited prayer articulated in the present petition, the same is disposed of with a direction to DDA that no coercive action be taken against the petitioner till the time the appeal, which petitioner is proposing to 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 20/09/2025 at 12:44:19 file latest by 25.09.2025, is taken up for consideration by the learned Tribunal.

In the event, no appeal is preferred by petitioner against the sealing-cum-demolition order dated 03.01.2024 latest by 25.09.2025, the interim protection referred to hereinabove, shall stand vacated.