Disposed¶36

Kapil & Ors. v. Govt of NCT of Delhi & Ors.

Delhi HC2 May 2025W.P.(C)/4184/2025

Case brief

AI extract

What is this about?

W.P.(C) 4184/2025; Kapil & Ors. v. Govt of NCT of Delhi & Ors.; recall of order dated 02.04.2025; status quo direction; DDA demolition notice dated 28.03.2025; GNCTD representation dated 30.12.2020; demarcation of property; Village Dera Mandi; Khasra No. 860/1 min; Khasra No. 239; Sub Divisional Magistrate; CM APPL. 26098/2025; CM APPL. 26099/2025; Prateek Jalan, J.; order dated 02.05.2025; Delhi High Court.

What did the court decide?

Order dated 02.04.2025 recalled (by consent) to the extent it disposed of the writ petition without operative directions; parties directed to maintain status quo as to nature, character, title and possession of the land during the pendency of the representation; CM APPL. 26099/2025 (exemption) allowed; writ petition disposed of. ¶36

Kapil & Ors. Vs Govt of NCT of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 02.04.2025 disposing of W.P.(C) 4184/2025 should be recalled so as to permit interim directions during the pendency of the petitioners' representation. +1 more

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Court's answer

With the consent of learned counsel for the parties, the order dated 02.04.2025 is recalled to the extent that the writ petition was disposed of without any directions which would operate during the pendency of the representation.

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Ratio / Principle

Implementation of any demolition order during the pendency of the representation would defeat the purpose of the exercise.

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Key takeaways

The parties are directed to maintain status quo with regard to the nature, character, title and possession of the land in question during the pendency of the representation.ratio¶35

Detailed headnote1 paragraphs

Delhi High Court (Prateek Jalan, J.), 02.05.2025 — By consent, the Court recalled its order dated 02.04.2025 disposing of W.P.(C) 4184/2025 to the extent that it contained no directions operating during the pendency of the petitioners' representation dated 30.12.2020 before GNCTD, which concerned demarcation of land bearing Khasra Nos. 860/1 min and 239 in Village Dera Mandi and restraint on demolition. Holding that implementing any demolition order while the representation remained pending would defeat its purpose, the Court directed the parties to maintain status quo with regard to the nature, character, title and possession of the land during the pendency of the representation, and disposed of the writ petition. CM APPL. 26099/2025 (exemption) was allowed; CM APPL. 26098/2025 was the recall application.

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$~83

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 4184/2025

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KAPIL & ORS. .....Petitioners Through: Mr. Dharamvir Singh, Advocate.

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versus

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GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Raghvendra Upadhayay, Panel Counsel with Ms. Purnima Jain, Advocate for GNCTD.

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Mr. Mukesh Gupta, Ms. Shashi Gupta, Mr. Arnav Gupta and Ms. Sucheta Sharma, Advocates for MCD.

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Ms. Shobhana Takiar, SC for DDA with Mr. Kuljeet Singh, Advocate.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 02.05.2025

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CM APPL. 26099/2025 (for exemption)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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CM APPL. 26098/2025 (recalling the order dated 02.04.2025) &

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W.P.(C) 4184/2025

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The writ petitioners have filed this application for recall of an order dated 02.04.2025, by which the writ petition was disposed of in the following terms:

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“ 3. The petitioners have filed this writ petition for a direction upon the

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W.P.(C) 4184/2025 Page 1 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 02/07/2025 at 00:22:33

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respondent No. 1- Government of National Capital Territory of Delhi [“GNCTD”], to dispose of their representation dated 30.12.2020 within a time-bound period.

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4. The representation concerns the demarcation of a property claimed by the petitioners (Khasra No. 860/1 min (2-18) in two parts (0-8) & (2- 10) and Khasra No. 239 situated at Revenue Estate of Village Dera Mandi, Delhi- 110047) and restraining the demolition of their house. The petitioners have also submitted several reminders but they state that the issue has not yet been decided.

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5. Without entering into the merits of the controversy, learned counsel for GNCTD submits that the representation of the petitioners will be decided within the next six weeks.

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6. Learned counsel for the petitioners does not seek any further orders in the writ petition.

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7. The writ petition is disposed of, leaving the rights and contentions of the parties open for adjudication in appropriate proceedings, if the need arises. ”

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In the recall application, it is stated that despite the pendency of the representation in terms of the said order, Delhi Development Authority [“DDA”] is proceeding in terms of a demolition notice dated 28.03.2025.

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The petitioners, therefore, seek an additional direction that statusquo be maintained until the representation is decided. 4. Having regard to this submission, with the consent of learned counsel for the parties, the order dated 02.04.2025, is recalled, to the extent that the writ petition was disposed of without any directions, which would operate during the pendency of the representation.

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I have heard, Mr. Dharamvir Singh, learned counsel for the petitioner, Mr. Raghvendra Upadhayay, learned counsel for respondent No. 1 – Government of National Capital Territory of Delhi, and Ms. Shobhana Takiar, learned Standing Counsel for DDA.

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Mr. Upadhayay states that the representation, in terms of the order dated 02.04.2025, has been received by the Sub Divisional Magistrate

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W.P.(C) 4184/2025 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 02/07/2025 at 00:22:33

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and will be decided within the period granted by the Court.

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I am of the view that implementation of any demolition order during the pendency of the representation, would defeat the purpose of the exercise. The parties are, therefore, directed to maintain status quo with regard to the nature, character, title and possession of the land in question, during the pendency of the representation.

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The writ petition is accordingly disposed of.

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A copy of the order be given dasti under the signature of the Court Master.

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PRATEEK JALAN, J

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MAY 2, 2025 SS/SD/

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W.P.(C) 4184/2025 Page 3 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 02/07/2025 at 00:22:33

Kapil & Ors. v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Kapil & Ors. v. Govt of NCT of Delhi & 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

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Case details

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