Delhi High Court - Orders
Dilbag Singh vs Sdm Kapashera & Ors on 25 September, 2025
$~94 & 56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14892/2025 & CM APPL. 61242/2025
DILBAG SINGH .....Petitioner
Through: Mr. Arun Khatri, Mr. Sahil Khuranna,
Mr. Pranavjeet, Advocates
(M:8851133724)
versus
SDM KAPASHERA & ORS. .....Respondents
Through: Ms. Shilpa Dewan, ASC-MCD
(M:9971192772)
Mr. Manashwy Jha, Panel Counsel
GNCTD for R-1, 2, 4 and 5
(M:9013980691)
Mr. Aakash Sehrawat with Mr. Jatin
Chhillar, Advs. for R-6
56
+ W.P.(C) 10648/2025
MR. YOGENDER SINGH .....Petitioner
Through: Mr. Aakash Sehrawat with Mr. Jatin
Chhillar, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
.....Respondents
Through: Mr. Kapil Dutta, Mr. Siddharth
Parashar, Advocates for MCD
(M:9811135509)
Mr. Arun Khatri, Mr. Sahil Khurana,
Mr. Pranavjeet, Advocates for R-5
(M:8851133724)
SI. Gajender Singh, PS- Chhawla,
Delhi (M:9540140296)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
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 29/09/2025 at 22:59:01
ORDER
% 25.09.2025
1. W.P.(C)10648/2025 has been filed seeking directions to the Municipal Corporation of Delhi ("MCD") and other statutory authorities to enforce the restraining order dated 15th March, 2025 issued by the Sub-Divisional Magistrate ("SDM") (Kapashera) and take action against the construction erected by respondent no. 5, i.e., Mr. Dilbag Singh, on Gram Sabha land and public roads, including Rasta No. 56, in Village Raghopur, South West Delhi.
2. Learned counsel for the MCD has handed over a copy of the Status Report dated 23rd September, 2025, which is taken on record. Relevant portions of the Status Report filed by the MCD, read as under:
"xxx xxx xxx 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 29/09/2025 at 22:59:01 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 29/09/2025 at 22:59:01 "
3. Perusal of the aforesaid Status Report shows that the MCD has already initiated action against the property in question.
4. W.P.(C) 14892/2025 has been filed by the respondent no. 5 in W.P.(C) 10648/2025, against the petitioner in W.P.(C) 10648/2025, arrayed as respondent no. 6 in W.P.(C) 14892/2025.
5. W.P.(C) 14892/2025 has been filed seeking directions to respondent 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 29/09/2025 at 22:59:01 nos. 1 to 5, to take action against the encroachment being undertaken by respondent nos. 6 and 7 on residential and village land in Raghopur Chhawla, Delhi.
6. It is the case of the petitioner in W.P.(C) 14892/2025 that respondent no. 6, who is the petitioner in W.P.(C) 10648/2025 and respondent no. 7, have carried out encroachment and have gated not only the main village thoroughfare, i.e., Khasra No. 39/2, but also, the adjacent service road, i.e., Khasra No. 38, and have unlawfully converted public land into private property.
7. Learned counsel for the MCD submits that requisite action shall be taken, after due inspection of the property in question.
8. Considering the submissions made before this Court, it is directed that the MCD shall take requisite action against the properties, which are subject matter of the present writ petitions, after following the due process of law.
9. In case, any party is aggrieved by any action or non-action on the part of the MCD, their right to seek their remedies, in accordance with law, is reserved.
10. With the aforesaid directions, the present writ petitions, along with the pending application, are disposed of.
MINI PUSHKARNA, J SEPTEMBER 25, 2025/au 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 29/09/2025 at 22:59:01