Delhi High Court - Orders
Mr. Bhaya Prafull Kumar Singh And Ors vs Govt. Of Nct Of Delhi And Ors on 8 December, 2025
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12105/2025 & CM APPL. 49384/2025, CM APPL.
77162/2025
MR. BHAYA PRAFULL KUMAR SINGH AND ORS
.....Petitioners
Through: Mr. Krishna Gopal Mishra, Mr.
Praveen Mishra, Ms. Sachi Mishra,
Mr. Vivek Gupta, Advocates
(M:9873400187)
versus
GOVT. OF NCT OF DELHI AND ORS. ....Respondents
Through: Ms. Urvi Mohan, Advocate for R-1
and 2 (M:7718992441)
Mr. Puneet Yadav, Advocate for
MCD (M:9999388384)
Mr. Sharique Hussain, Advocate for
R-4 (M:9540535859)
Ms. Sangeeta Bharti, SC-DJB with
Ms. Malvi Balyan, Advocate for R-5-
DJB (M:9811112863)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 08.12.2025
1. Affidavits have been filed on behalf of the Municipal Corporation of Delhi ("MCD"), Sub-Divisional Magistrate ("SDM"), Kapashera as well as BSES Rajdhani Power Limited.
2. As per the Status Report filed on behalf of the MCD, the area in question, i.e., Village Bijwasan, falls within the „Green Belt‟ area. Thus, it is submitted that no construction activity is allowed in the „Green Belt‟ area. The relevant portion of the Status Report filed by the MCD, reads 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 15/12/2025 at 20:35:35 "
3. On behalf of the SDM-Kapashera, the aforesaid status of the land is reiterated and it is stated that the area in question is an „agricultural land‟ and forms part of a rural area, which is under consolidation proceedings under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948.
4. Thus, it is submitted that on account thereof, no construction can be allowed in the said area.
5. Learned counsel for respondent no. 2, i.e., SDM-Kapashera, has drawn the attention of this Court, to the short affidavit filed on their behalf, particularly to the following paragraphs:
"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 15/12/2025 at 20:35:35 xxx xxx xxx xxx xxx xxx"
6. Likewise, respondent no.4 - BSES Rajdhani Power Limited has filed their counter affidavit, wherein, they have referred to the Restraint Order dated 06th December, 2024 issued by the SDM-Kapashera. In this Regard, Para-11 of the said counter affidavit filed on behalf of the BSES Rajdhani Power Limited, reads as under:
"xxx xxx xxx xxx xxx xxx"
7. This Court takes note of the submissions made by learned counsel 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 15/12/2025 at 20:35:35 the petitioners that other people in the area are enjoying electricity connections.
8. Responding to the same, learned counsel for the respondent no.4- BSES Rajdhani Power Limited submits that any electricity connections given in the area were prior to the Restraint Order passed by the SDM- Kapashera. However, the said fact is disputed by learned counsel for the petitioners.
9. This Court takes note of the submissions made by learned counsel for the SDM-Kapashera that the Restraint Order dated 06th December, 2024 has not been challenged by the petitioners.
10. At this stage, learned counsel for the petitioners relies upon the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 and in particular, relies upon the following paragraph therein:
"xxx xxx xxx xxx xxx xxx"
11. By relying upon the aforesaid, it is the submission of learned counsel for the petitioners that the area in question, i.e., Village Bijwasan is a „Village Abadi‟ area.
12. Perusal of the afore-noted paragraph of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 shows that the redevelopment plan and other actions therein apply to Village Abadis, which are notified in the Gazette of India vide S.O. 97(E), dated 17th January, 2011.
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 15/12/2025 at 20:35:35 On a pointed query to the petitioners by this Court, learned counsel for the petitioners submits that he does not have a copy of the said list of notified Village Abadis, as the copy of the said list would be with the SDM.
13. Accordingly, learned counsel for respondent no. 2, SDM-Kapashera is directed to place on record the Gazette Notification, being, S.O. 97(E) dated 17th January, 2011, containing the list of Village Abadis.
14. Let the aforesaid Gazette Notification be filed by the respondent no. 2, within a period of four weeks.
15. Re-notify on 10th February, 2026.
MINI PUSHKARNA, J DECEMBER 8, 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 15/12/2025 at 20:35:35