The Court refused to admit a writ petition seeking direction for demolition of unauthorized flats. It held that disputed questions of fact and title regarding the property fall within the exclusive domain of civil courts, not the writ jurisdiction.
The writ petition was not admitted for further hearing; the matter was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MANJESH SINGH .....Petitioner
Through: Mr.Yogesh Sharma, Advocate.
versus
SPECIAL TASK FORCE DDA & ORS. .....Respondents Through: Mr.Tushar Sannu, Advocate for DDA/R-1 with Mr.Shobhan Sachdeva and Mr.Hardik Saxena, Advocates. Mr.Amit Tiwari, CGSC with Mr.Hussain Taqvi, GP with Mr.Rahul Bhaskar, Advocate for R-3. Mr.Ajjay Aroraa, Mr.Kapil Dutta, Mr.Vansh Luthra, Advocates for MCD.
CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R % 05.09.2024
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 07/09/2024 at 14:36:03
upon respondent No.4, who appears to be the occupier of the property in question and allegedly raising unauthorised construction.
DHARMESH SHARMA, J.
SEPTEMBER 5, 2024/ VLD
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 07/09/2024 at 14:36:03
2 issues framed by the court
Whether the Court should exercise writ jurisdiction to direct demolition of unauthorized construction where title is disputed in a civil suit.
Whether the writ petition should be admitted when the petitioner has already filed a civil suit regarding ownership of the property.
MANJESH SINGH
SPECIAL TASK FORCE DDA
DHARMESH SHARMA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
