Delhi High Court - Orders
Naveen Bahri & Ors vs Govt Of Nct Of Delhi & Ors on 29 July, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10504/2025
NAVEEN BAHRI & ORS. .....Petitioners
Through: Mr. Pawanjit S. Bindra and Mr.
Sandeep Sethi, Sr. Advs. with Mr.
Lakshay Dhamija, Ms. Bijoylashmi
Das and Mr. Sumer Dev Seth, Advs.
versus
GOVT OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Lalltaksh Joshi and Ms. Ananya
Sanjiv Saraogi, Advs. for R-1.
Ms. Prabhsahay Kaur, Standing
Counsel with Ms. Kavya Shukla, Mr.
Aditya Verma, Advs. along with Mr.
Ashish, Deputy Director, Mr. Vikas,
Kannungo and Mr. Mayank,
Tehsildar, DDA.
Mr. Sanjay Kumar Pathak, Standing
Counsel with Mr. Sunil Kumar Jha
and Mr. M.S. Akhtar, Advs. for R-
3/ADM (South).
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 29.07.2025
1. The present petition has been filed by the petitioners assailing the impugned order dated 12.07.2025, in so far as it directs demolition/handing over the petitioners' land comprised in Khasra Nos. 548(1-4), 550 (0-8), 558(4-16) in Village: Satbari on 28.07.2025.
2. Mr. Sandeep Sethi and Mr. Pawanjit S. Bindra, learned Senior Counsels appeared on behalf of the petitioners. Mr. Sethi submits that the impugned action proposed by the respondent no.3/ADM (South) is in the teeth of decision of the Hon'ble Supreme Court in Directions in the matter of Demolition of Structures, In Re (2025) 5 SCC 1. He submits that in the 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 04/08/2025 at 21:40:21 said decision, Hon'ble Supreme Court while exercising its powers under Article 142 of the Constitution of India has mandated that 15 days notice needs to be given before undertaking any demolition action besides affording personal hearing to the affected parties, which is not being done in the present case.
3. Mr. Sethi submits that the petitioners' land is situated in the colony i.e. Green Meadows, Satbari, New Delhi which has been identified as an unauthorised colony to be regularized. Elaborating on his submission, he submits that the Delhi Development Authority (DDA), with the previous permission of the Central Government has made National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorized Colonies) Regulations, 2019 [hereinafter 'Regulations'], and in Section 2(g) of the said Regulations, 'unauthorised colony' has been defined as the colony identified for regularisation in pursuance to the Notification no.S.O. 683(E), dated 24.03.2008 and includes colonies identified by the DDA under Regulations as specified in Annexure II (1797 colonies). Section 2(g) of the Regulations reads as under:
"2(g) "unauthorised colony" means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in pursuance to the notification number S.O. 683(E) dated the 24th March, 2008 and includes colonies as identified by the Delhi Development Authority under these regulations as specified in Annexure II (1797 colonies)."
4. He submits that the colony of petitioners i.e. Green Meadows, Satbari, New Delhi is in the said list [Annexure II] at Sr. No.603. In support of his contention Mr. Sethi has taken the Court through said list i.e. Annexure II.
5. He submits that Section 2(a) of the said Regulations defines 'Affluent 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 04/08/2025 at 21:40:21 Unauthorised Colonies' to mean colonies specified in Annexure I [69 colonies]. In the said list as well, the petitioners' colony figures at Sr.No.58. Section 2(a) of the Regulations, to which the Court's attention has been drawn. Section 2(a) of the Regulations reads as under:
"2(a) "Affluent unauthorised colonies", means colonies as specified in Annexure I (69 colonies) and includes any other affluent identified by the Delhi Development Authority under these regulations."
6. Mr. Sethi, thus, contends that the colony of the petitioners' i.e. Green Meadows has been identified under the Regulations for the purpose of regularisation.
7. Referring to Section 4 of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 [in short 'Special Provisions Act'], Mr. Sethi submits that said section stipulates, provisions of the Special Provisions Act will not apply in certain cases but it does not cover colony of petitioners as the same falls within the exception Section 3(1)(c) of the said Act as provided in Section 4(a) of the Special Provisions Act.
8. He refers to Section 3(2) of the Special Provisions Act, to submit that the said provision provides that in respect of unauthorised colonies identified under the Regulations, status quo has to be maintained notwithstanding any judgment, decree or order of any Court.
9. The relevant excerpts from Sections 3 and 4 of the Special Provisions Act, are reproduced hereinbelow for ready reference:
"Section 3. Enforcement to be kept in abeyance. (1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Central Government shall before the expiry of this Act, take all possible measures to Finalise norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of 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 04/08/2025 at 21:40:21 encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors, unauthorised colonies, village abadi area (including urban villages), and their extensions, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:--
xxxx xxxx xxxx xxxx
(c) orderly arrangements in accordance with the provisions of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019) the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 and the regulations for village abadi area (including urban villages) and their extensions are per the following cut-off dates:-
(i) for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019;
(ii) for village abadi area (including urban villages) and their extensions as existed on the 31st day of March,2002 and where construction took place even beyond that date and up to 1st day of June, 2014;] xxxx xxxx xxxx (2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo-
(i) as on the 1st day of January, 2006 in respect of encroachment or unauthorised development;
(ii) in respect of unauthorised colonies, village abadi area (including urban villages) and their extensions, which existed on the 31st day of March, 2002 and where construction took place even beyond that date and up to the 8th day of February, 2007, mentioned in sub-section (1);
(iii) in respect of special areas as per the Building Regulations for 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 04/08/2025 at 21:40:21 Special Area, Unauthorised Regularised Colonies and Village Abadis, 2010; and
(iv) in respect of all other areas within the National Capital Territory of Delhi as on the 8th day of February, 2007, shall be maintained.
Explanation.- For the purposes of this sub-section, it is hereby clarified that any development approved by the competent authority or the local authority under the relevant laws and the rules or regulations made thereunder, including repairs permissible under the building bye-laws in force, shall continue to remain permitted. (3)..............
(4).............."
xxxx xxxx xxxx xxxx "Section 4. Provisions of this Act not to apply in certain cases.- During the period of operation of this Act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development, namely:--
(a) encroachment on public land except in those cases which are covered under clauses 3(a) and (c) of sub-section of section 3;
(b) ............."
[emphasis supplied]
10. Mr. Sethi places reliance on the decision of a Co-ordinate Bench of this Court in W.P.(C) 959/1999, titled as Banwari Lal Sharma v. Union of India & Ors., to contend that the colony namely, Sahoorpur was on forest land and is yet being regularised by respondents therein. He submits that the said decision was affirmed by the Division Bench of this Court vide judgment dated 28.05.2013 passed in LPA No.858/2004.
11. He, thus, submits that once a colony has been identified and included in Annexure II of the Regulations, it is automatically protected under the provisions of Special Provisions Act.
12. In view of the above, issue notice. Learned counsels named above 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 04/08/2025 at 21:40:21 accept on behalf of the respective respondents.
13. Ms. Prabhsahay Kaur, learned Standing Counsel appearing on behalf of respondent no.2/DDA submits that the impugned order of respondent no.3 is in furtherance of the judgment of Hon'ble Supreme Court titled as DDA v. Dharma Vir & Ors. in Civil Appeal No.1572/2022 arising out of SLP(C) 30286/2018.
14. Elaborating on her submission, Ms. Kaur submits that by virtue of said judgment, the Hon'ble Supreme Court has set aside the judgment of this Court dated 10.07.2017 passed in W.P. (C) 172/2015 titled as Dharam Vir & Ors. v. Govt. of NCT of Delhi & Ors., whereby the acquisition with regard to land of petitioner nos.2 to 4 was declared to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
15. She submits that since the acquisition of land of petitioner nos.2 to 4 under the Land Acquisition Act, 1894 has been upheld, therefore, as a corollary to the same, the respondents are within their right to take possession of land under Section 16 thereof. Further, referring to opening paragraph of the said judgment, she submits that there is an observation of the Hon'ble Supreme Court to the effect that petitioner nos.2 to 4 were though served, but they chose not to appear in the said matter.
16. Inviting attention of the Court to the decision of the Hon'ble Supreme Court in Government of NCT of Delhi and Anr. vs. BSK Realtors LLP and Anr., (2024) 7 SCC 370, she contends that the Hon'ble Supreme Court had directed the course of action to be adopted by the GNCTD, DDA and others land owning agencies in regard to the land acquisition and has especially directed that in cases wherein acquisition has been upheld, the LAC must 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 04/08/2025 at 21:40:21 proceed to take possession and hand over the acquired land for the purpose for which it was acquired, if already not done.
17. She submits that petitioners' colony i.e. Green Meadows does not fall in 1731 unauthorised colonies which have been notified by the gazette in the year 2008 for the purpose of regularisation. She submits that Green Meadows colony is part of the list of Affluent Unauthorised Colonies.
18. She invites attention of the Court to the provisions of the NCT of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 [hereinafter 'Act of 2019'], more particularly to the purpose of the said Act to contend that the said Act has been enacted to bring succour to the poor persons having regard to their socio-economic condition.
19. She submits that Section 2(b)1 of the Act of 2019 defines "unauthorised colony" to be a colony which has been notified by a notification dated 24.03.2008. She contends that the said notification refers only to 1731 unauthorised colonies in which name of the petitioners' colony does not find mention whereas the name of the petitioners' colony finds mention only in the list of the Affluent Unauthorised Colonies for which there is no proposal for regularisation.
20. She further submits contends that Section 7 of Regulations also specifically exclude affluent unauthorised colonies from the scope of granting property rights under the Act of 2019.
21. Ms. Kaur submits that Section 4 of the Special Provisions Act states 1
2. Definitions.
(b) "unauthorised colony" means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in pursuance to the notification number S.O.683(E), dated the 24th March, 2008 of the Delhi Development Authority, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 24th March 2008.
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 04/08/2025 at 21:40:21 that no relief shall be available under the provisions of Section 3 thereof in respect of encroachment or unauthorised development, which is on public land.
22. In response, Mr. Sethi submits that Section 7 of the Regulations merely states that no right shall be conferred or recognised on affluent unauthorised colony, but the entire scheme read together i.e. Special Provisions Act along with Regulations makes it abundantly clear that the Affluent Unauthorised Colonies which have been included in Annexure II to the Regulations have also been identified as unauthorised colony for the purpose of regularisation, therefore, the same are protected under Section 3(2) of the Special Provisions Act.
23. He submits that the intent is that in the first instance, list of colonies apart from Affluent Unauthorised Colonies will be taken up for regularisation and the Affluent Unauthorised Colonies would be taken up later. In support of his contention, he invites attention of the Court to the speech of Minister of Housing and Urban Development in Lok Sabha wherefrom the stand of Central Government to the effect that even 69 Affluent Unauthorised Colonies will be taken up for regularisation sequentially after the process of regularisation of other 1731 unauthorised colonies.
24. Mr. Sethi submits that once the colony has been identified for the purpose of regularisation under the Regulations, and protected under the Special Provisions Act (as amended in 2021) there is no question of terming it as an encroachment, therefore, the submission that the petitioners are not entitled to protection under Section 3 of the Special Provisions Act is not tenable. He further submits that the Special Provisions Act was amended in 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 04/08/2025 at 21:40:21 the year 2021 to specifically include reference to the unauthorised colonies identified under the Regulations.
25. Let counter-affidavit be filed within a period of two weeks from today. The counter affidavit must spell out the stand of central and state governments pertaining to the status of Green Meadows colony as to its regularisation.
26. Rejoinder thereto, be filed within two weeks thereafter.
27. Re-notify on 16.09.2025.
28. Having regard to the fact that Regulations prima facie suggests that Green Meadows colony has been identified as unauthorised colony for the purpose of regularisation and further in light of the submissions articulated by Mr. Sethi with reference to the provisions of Sections 3 and 4 of the Special Provisions Act (as amended in 2021), this Court is of the view that the matter requires consideration. It is thus, directed that no coercive action be taken against petitioners, till the next date of hearing.
VIKAS MAHAJAN, J JULY 29, 2025 aj 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 04/08/2025 at 21:40:21