Disposed¶24

Inder Singh Solanki v. Govt. of NCT of Delhi through the Principal Secretary (Revenue) & Ors.

Delhi HC10 Mar 2025W.P.(C)/16013/2022

Case brief

AI extract

What is this about?

W.P.(C) 16013/2022; Delhi High Court; Prateek Jalan, J.; withdrawal of writ petition with liberty to file PIL; urbanisation of land; MCD notification dated 24.10.1994; GNCTD notification dated 19.08.2002; Gaon Sabha; DDA impleadment application rejected by Trial Court order dated 06.04.2022; disposed of as withdrawn; CM APPLs. 49987/2022, 38897/2024.

What did the court decide?

Withdrawal of the writ petition alongwith pending applications, with liberty to file a Public Interest Litigation for similar relief. ¶24

Inder Singh Solanki Vs Govt. of NCT of Delhi through the Principal Secretary (Revenue) & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the writ petition alongwith pending applications, with liberty to file a Public Interest Litigation for similar relief.

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Issue for consideration

Whether the petitioner may be permitted to withdraw the writ petition, with liberty to file a Public Interest Litigation for similar relief.

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Court's answer

The petitioner was permitted to withdraw the writ petition with liberty to file a Public Interest Litigation for similar relief.

¶18

Key takeaways

The Court held it unnecessary to pass further orders or directions with regard to the suit between respondent Nos. 5 & 6 and the Gaon Sabha, noting that the fact of urbanisation had evidently been brought to the notice of the Trial Court.obiter¶18
The disposal of the writ petition is not intended to affect the rights and contentions of the parties in the suit between respondent Nos. 5 & 6 and the Gaon Sabha, or in proceedings emanating therefrom.obiter¶23

Detailed headnote1 paragraphs

W.P.(C) 16013/2022 (Inder Singh Solanki v. Govt. of NCT of Delhi through the Principal Secretary (Revenue) & Ors.), High Court of Delhi at New Delhi, decided 10.03.2025 by Prateek Jalan, J.: the writ petition, alongwith pending applications, was disposed of as withdrawn, with liberty to file a Public Interest Litigation for similar relief. An earlier order dated 04.02.2025 had noticed urbanisation of the land by a notification dated 24.10.1994 of the Municipal Corporation of Delhi and a notification dated 19.08.2002 of the Government of National Capital Territory of Delhi. Counsel for respondent Nos. 5 and 6 referred to their suit against the Gaon Sabha and to the rejection, by Trial Court order dated 06.04.2022, of an application for impleadment of the Delhi Development Authority. The Court held it unnecessary to pass any orders regarding that suit, observing that the fact of urbanisation was before the Trial Court and that the disposal of the writ petition was not intended to affect the rights and contentions of the parties in the suit or proceedings emanating therefrom.

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$~2

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 16013/2022 & CM APPLs. 49987/2022, 38897/2024

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INDER SINGH SOLANKI .....Petitioner Through: Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Sanjay Dua, Advocate.

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versus

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GOVT. OF NCT OF DELHI THROUGH THE PRINCIPAL SECRETARY (REVENUE) & ORS. .....Respondents Through: Ms. Sweety Singh, Advocate for GNCTD. Ms. Shobhana Takiar, SC with Ms. Latika Malhotra, Advocate for DDA. Ms. Deepika V. Marwaha, Sr. Adv. with Mr. Dhananjai Kaushal, Mr. Raunika, Advocates for R-5&6 Ms. Kajal Sehrawat, Advocate for R-5 & 6

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R % 10.03.2025

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Further to order dated 04.02.2025, Mr. Sanjeev Sindhwani, learned Senior Counsel for the petitioner, upon instructions from the petitioner, who is present in Court, seeks permission to withdraw this writ petition, with liberty to file a Public Interest Litigation [“PIL”] for similar relief.

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Mr. Sindhwani states that a separate petition will be filed for this

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W.P.(C) 16013/2022

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Page 1 of 3

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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 17/03/2025 at 11:22:03

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purpose, with the necessary averments and formalities required for invoking the PIL jurisdiction.

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In the order dated 04.02.2025, an additional contention was noticed with regard to urbanisation of the land by a notification dated 24.10.1994 issued by Municipal Corporation of Delhi, and notification dated 19.08.2002 of the Government of National Capital Territory of Delhi.

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Mr. Sindhwani submits that respondent Nos. 5 and 6 in the present writ petition have filed a suit against the Gaon Sabha, in which the purported urbanisation proceedings and effect thereof have not been adverted to, at all. The writ petitioner herein is not a party to the said suit, but Mr. Sindhwani submits that the suit by respondent Nos. 5 and 6 would also be affected by the aforesaid urbanisation notification which divests the Gaon Sabha of authority over the land.

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Ms. Deepika V. Marwaha, learned Senior Counsel for respondent Nos. 5 and 6, on the other hand, submits that an application for impleadment of Delhi Development Authority had been filed in the suit on the ground that the suit land has been urbanised and transferred to DDA. That application was rejected by an order of the Trial Court dated 06.04.2022. The said order is handed up in Court, and is taken on record.

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In view of the aforesaid, I am of the view that the petitioner may be permitted to withdraw the writ petition with liberty as sought. It is not necessary to pass further orders or directions with regard to suit between respondent Nos. 5 & 6 and Gaon Sabha. The fact of urbanisation has evidently been brought to the notice of the Trial Court. If any party is aggrieved, the rights and remedies of the parties flowing out of orders in the suit are independent of the present proceedings, and the disposal of

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W.P.(C) 16013/2022

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Page 2 of 3

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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 17/03/2025 at 11:22:03

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the writ petition is not intended to affect the rights and contentions of the parties in the suit or proceedings emanating therefrom.

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The writ petition, alongwith pending applications, is disposed of as withdrawn, with liberty as aforesaid.

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PRATEEK JALAN, J

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MARCH 10, 2025 ‘Bhupi/AD’/

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W.P.(C) 16013/2022

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Page 3 of 3

¶29

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 17/03/2025 at 11:22:03

Inder Singh Solanki v. Govt. of NCT of Delhi through the Principal Secretary (Revenue) & Ors.

Case brief

What is this about?

What did the court decide?

Inder Singh Solanki v. Govt. of NCT of Delhi through the Principal Secretary (Revenue) & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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