Disposed¶22

Pheran Singh Yadav and Anr. v. Govt. of NCT of Delhi and Ors.

Delhi HC18 Sept 2025W.P.(C)/1479/2013

Case brief

AI extract

What is this about?

Delhi High Court; Article 226; writ of mandamus; unauthorized construction; public land; Khasra no. 21/25/1, 22/1; Village Mundka; Hind Vihar; Prem Nagar; 5436 Sq. Yards; DMC Act S. 344(2); stop work notice AE(B)-11/RZ/2025/68; demolition 05.05.2025; watch and ward letter AE(B)-II-RZ-2025/124; status quo; MCD Rohini Zone; SHO Prem Nagar; petition disposed; Amit Sharma, J.; 18.09.2025.

What did the court decide?

No further directions issued; the petition was disposed of without prejudice to the rights and contentions of the parties in respect of the subject property, with the observation that the concerned department shall act in accordance with law in case of any unauthorised construction. ¶22

Pheran Singh Yadav and Anr. Vs Govt. of NCT of Delhi… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether a writ of mandamus should issue directing respondents no. 1 to 5 to take appropriate legal action against respondent no. 6, removing him and the unauthorized construction raised by him on public land measuring about 5436 sq. yards in Khasra no. 21/25/1, 22/1 in the revenue estate of Village Mundka (now known as Hind Vihar, Prem Nagar).

¶10

Ratio / Principle

In view of the material on record (the MCD affidavit recording the stop work notice, the demolition action of 05.05.2025 and the watch and ward/status quo measures), no further directions are called for in the petition.

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Key takeaways

Without prejudice to the rights and contentions of the parties in respect of the subject property, the present petition is disposed of.ratio¶22
In case of any unauthorised construction, the concerned department shall act in accordance with law.obiter¶23

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.), W.P.(C) 1479/2013, decided 18.09.2025 — Petitioners sought a writ of mandamus under Article 226 directing respondents no. 1 to 5 to take legal action against respondent no. 6 and remove the unauthorized construction raised by him on public land measuring about 5436 sq. yards in Khasra no. 21/25/1, 22/1, revenue estate of Village Mundka (Hind Vihar, Prem Nagar). Pursuant to the Court's order dated 05.05.2025, an affidavit of Rajesh Arora, Executive Engineer (Building-II), MCD Rohini Zone, recorded that on a complaint dated 23.04.2025 a stop work notice under S. 344(2) of the DMC Act (no. AE(B)-11/RZ/2025/68, dt. 25.04.2025) was issued to SHO Prem Nagar; demolition of the unauthorized brick work and column of the peripheral wall was carried out on 05.05.2025 with police force; and a watch and ward letter (no. AE(B)-II-RZ-2025/124, dt. 09.05.2025) directed maintenance of status quo. Holding that no further directions were called for, and without prejudice to the parties' rights and contentions over the subject property, the Court disposed of the petition, observing that in case of any unauthorised construction the concerned department shall act in accordance with law.

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$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1479/2013& CM APPL. 2790/2013, 2140/2023, 55936/2023, 26772/2025

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PHERAN SINGH YADAV AND ANR .....Petitioners Through: Mr. Deepak Pathak, Advocate.

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versus GOVT. OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Kapil Dutta, Advocate for MCD. Mr. Bhagwan Swaroop Shukla, CGSC with Mr. Pradyumn Singh, Mr. Yash B. and Mr. Abhishek Mishra, Advocates for R-3 and 4. Mr. L.B. Rai, Mr. Vineesh Tyagi and Mr. Deepak, Advocates for R-6. Mr. Parveen Bhati and Mr. Jagdev Singh, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 18.09.2025

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This hearing has been done through hybrid mode.

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The present petition under Article 226 of the Constitution of India seeks following prayers:-

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“It is therefore, most respectfully prayed that a writ of mandamus or any other appropriate writ may kindly be issued directing the respondents no. 1 to 5 to take appropriate legal action against respondent no.6 thereby removing him as well as the unauthorized construction raised by him on the public land measuring about 5436 Sq. Yards in Khasra no. 21/25/1, 22/1 in the revenue estate of Village Mundka now popularly known as Hind Vihar, Prem Nagar more specifically shown in the site plan.

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Any other or further relief which this hon’ble this hon’ble court deem fit and proper under the circumstances of the case may also be granted to the petitioner along with the cost of the petition.”

¶12

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 22/09/2025 at 12:11:14

¶13

During the course of the present proceedings and in pursuance of the order dated 05.05.2025, an affidavit on behalf of MCD authored by Rajesh Arora, Executive Engineer, (Building-II) Rohini Zone, Municipal Corporation of Delhi, Zonal Office Building Rohini, Delhi had been placed on record, wherein it has been recorded as under:-

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“2. That it is stated that on the basis of complaint dt.23/04/25 with respect to construction on the aforesaid property, a stop work notice u/s 344(2) of DMC Act vide no. AE(B)-11/RZ/2025/68 dt. 25/04/25 was Issued to SHO, Prem Nagar. A copy of the said letter is enclosed herewith as Annexure ‘R2-1’

¶15

That, subsequently, a demolition action was taken on the unauthorized construction in the form of Brick Work and column of peripheral wall on 05/05/2025 with the help of police force. Photographs are enclosed herewith as Annexure ‘R2-2’

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That a watch and ward letter no. AE(B)-II-RZ-2025/124 dt. 09/05/25 was issued to SHO Prem Nagar to maintain status quo at the aforesaid property. A copy of the said letter is enclosed herewith as Annexure ‘R2-3’ .”

¶17

Relevant photograph has been placed on record which is reproduced as under: -

¶18

This is a digitally signed order.

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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 22/09/2025 at 12:11:14

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“ ”

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In view of the above, no further directions are called for.

¶22

Without prejudice to the rights and contentions of the parties in respect of the subject property, the present petition is disposed of.

¶23

Needless to state that in case of any unauthorised construction, the concerned department shall act in accordance with law.

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AMIT SHARMA, J

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SEPTEMBER 18, 2025 /sn

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This is a digitally signed order.

¶27

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 22/09/2025 at 12:11:14

Pheran Singh Yadav and Anr. v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Pheran Singh Yadav and Anr. v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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