Delhi High Court - Orders
Adarsh Randhawa vs Delhi Development Authority & Ors on 1 April, 2026
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 276/2026, I.A. 8677/2026, I.A. 8678/2026, I.A. 8679/2026 &
I.A. 8680/2026
ADARSH RANDHAWA .....Plaintiff
Through: Mr. Ashish Mohan, Sr. Adv. with Mr.
Akshit Mago, Advocate
(M:9899168987)
versus
DELHI DEVELOPMENT AUTHORITY & ORS. .....Defendants
Through: Mr. Tushar Sannu, Ms. Payal,
Advocates for DDA (M:9911991166)
Mr. Jivesh Kr. Tiwari, CGSC with
Ms. Nandini Aggarwal, Ms.
Samiksha, Advocates for D-4
(M:9990166622)
Email:
[email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 01.04.2026 I.A. 8680/2026 (For Exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application is accordingly, disposed of.
I.A. 8679/2026 (Exemption from filing Hash Value Certificate)
3. The present application has been filed seeking exemption from filing the Hash Value Certificate, for the time being.
4. Considering the submissions made before this Court, exemption is allowed.
Page 1 of 5This 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 01/04/2026 at 21:53:24
5. The requisite Hash Value Certificate in terms of Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 ("BSA"), be filed within a period of four weeks, from today.
6. With the aforesaid directions, the present application is disposed of.
I.A. 8678/20267. The present application has been filed under Section 80(2) read with Section 151 of Code of Civil Procedure, 1908 ("CPC"), seeking leave to file the present suit without serving a two-months' notice in writing under Section 80(1) of the CPC.
8. Considering the submissions made before this Court and considering the fact that two of the statutory authorities, i.e., Delhi Police and Delhi Development Authority ("DDA"), have appeared before this Court, exemption is accordingly allowed.
9. The application is disposed of.
CS(OS) 276/2026
10. Let the plaint be registered as suit.
11. Issue summons. Summons is accepted by learned counsels appearing for defendant nos. 1 and 4. The said defendants shall file written statements within thirty (30) days, from today.
12. Issue summons to other defendants, through all permissible modes, upon filing of Process Fee.
13. Summons shall state that the written statement(s) be filed by the defendants within thirty (30) days from the date of receipt of summons.
14. Along with the written statement(s), the defendants shall also file an affidavit of admission/denial of the plaintiff's documents, without which, the written statement(s) shall not be taken on record.
Page 2 of 5This 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 01/04/2026 at 21:53:24
15. Liberty is given to the plaintiff to file replication(s) within thirty (30) days from the date of receipt of the written statement(s). Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, without which, the replication(s) shall not be taken on record.
16. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
17. If any of the parties wish to seek inspection of the documents, the same shall be sought, and given within the timelines.
18. List before the Joint Registrar (Judicial) on 20th May, 2026.
19. List before the Court on 10th August, 2026.
I.A. 8677/2026 (under Order XXXIX Rules 1 and 2 CPC)
20. The present suit has been filed inter-alia seeking permanent and mandatory injunction against the defendants.
21. The present application has been filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the CPC, seeking an ex-parte ad-interim injunction against defendant nos. 5 to 7, in relation to the properties, i.e., Khasra Nos. 356 and 348, Rose Garden/Rose Land and Khasra No. 357, situated in Village Bhati, Bhati Mines Road, New Delhi.
22. It is submitted that the plaintiff is the sole and exclusive owner of the suit property, i.e., Khasra Nos. 356 and 348, forming part of the suit land.
23. Learned Senior Counsel for the plaintiff submits that the plaintiff has also filed another suit being CS(OS) 123/2025 against another neighbour, who has been indulging in similar activities, as defendant nos. 5 to 7 herein.
24. It is submitted that the plaintiff discovered that defendant nos. 5 to 7 had illegally demolished part of the plaintiff's boundary wall, and the same Page 3 of 5 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 01/04/2026 at 21:53:24 happened when the plaintiff was not in Delhi and was informed about the same by his caretaker.
25. It is submitted that the plaintiff filed complaint with the statutory authorities to take requisite action, however, no action has been taken.
26. It is submitted that the plaintiff recently visited the suit property bearing Khasra Nos. 356 and 348 and the plaintiff was shocked to see that defendant nos. 5 to 7 have not only illegally and unauthorizedly broken further parts of the boundary wall, but are also carrying out full scale construction in Khasra No. 357.
27. In this regard, learned Senior Counsel for the plaintiff has drawn the attention of this Court to various photographs attached with the present plaint.
28. Learned Senior Counsel for the plaintiff further submits that defendant nos. 5 to 7 are carrying on unauthorized construction, without any Sanctioned Plan and are further attempting to encroach upon the suit property, i.e., Khasra Nos. 356 and 348.
29. Thus, by way of the present application, interim relief is sought.
30. Issue notice. Notice is accepted by learned counsel for defendant nos. 1 and 4.
31. Issue notice to other defendants, by all modes.
32. Let reply be filed within a period of four weeks, from today.
33. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
34. Learned counsel for defendant no. 1-DDA submits that the DDA has no role in the present matter, as the said land does not vest with the DDA.
35. Accordingly, the Municipal Corporation of Delhi ("MCD") is directed Page 4 of 5 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 01/04/2026 at 21:53:24 to inspect the property in question, i.e., Khasra No. 357 situated in Village Bhati, Bhati Mines Road, New Delhi, as owned/possessed by defendant nos. 5 to 7, and place a report before this Court, as to whether the construction carried out therein is in accordance with any Sanctioned Building Plan.
36. Considering the submissions made before this Court, the plaintiff has made out a prima facie case in his favour.
37. Further, balance of convenience also lies in favour of the plaintiff and against the defendants and irreparable injury shall be caused to the plaintiff if interim relief is not provided.
38. Accordingly, defendant nos. 5 to 7 or any person, acting for or on their behalf, are restrained from encroaching upon or carrying out any construction on any part of the suit property, belonging to the plaintiff, i.e., Khasra Nos. 356 and 348, Village Bhati, Bhati Mines Road, New Delhi, also known as 'Rose Garden/Rose Land', till the next date of hearing.
39. Further, defendant nos. 5 to 7 are also directed to maintain status quo as regards the ongoing construction over the land owned by them/ or in their possession, i.e., Khasra No. 357, situated in Village Bhati, Bhati Mines Road, New Delhi, till the next date of hearing.
40. Compliance under Order XXXIX Rule 3 CPC shall be done, within a period of one week, from today.
41. List before the Joint Registrar (Judicial) on 20th May, 2026, for completion of service.
42. List before the Court on 10th August, 2026.
MINI PUSHKARNA, J APRIL 1, 2026/au Page 5 of 5 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 01/04/2026 at 21:53:24