Navamma & Ors. Vs the Archaeological Survey of India through Directore of General , Delhi Curcle Humayoun Tomb — Delhi HC (2026) — LawSathi Research

Navamma & Ors. Vs the Archaeological Survey of India through Directore of General , Delhi Curcle Humayoun Tomb — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: DUSIB directed to take necessary steps for rehabilitation of the three eligible petitioners without further delay; the four ineligible petitioners to make a representation with documents to DUSIB, which shall extend an opportunity of hearing and pass an appropriate order; liberty to take appropriate recourse in accordance with law if aggrieved.

Issue for consideration

Whether the petitioners are entitled to relocation/resettlement and rehabilitation (restoration of their houses with compensation, or alternative plot and accommodation) under an appropriate scheme/rehabilitation policy of the Government of India following the alleged demolition by the respondents.

Court's answer

Out of the seven petitioners, three were found eligible for rehabilitation; the Court directed DUSIB to take necessary steps for the rehabilitation of those three petitioners without any further delay.

Ratio / Principle

The ineligible petitioners were to make a representation with a copy of the order and all documents to DUSIB, which was to extend an opportunity of hearing to the petitioners or their representatives and thereafter pass an appropriate order.

Key takeaways

If aggrieved by the DUSIB's order, the petitioners were at liberty to take appropriate recourse in accordance with law.ratio¶22

Detailed headnote1 paragraphs

Delhi High Court (Purushaindra Kumar Kaurav, J.): Writ petition by seven petitioners led by Navamma seeking mandamus for relocation/resettlement and rehabilitation under an appropriate scheme and rehabilitation policy of the Government of India, following alleged demolition of their houses by the respondents (the Archaeological Survey of India, Delhi Circle (Humayun Tomb), with DUSIB, GNCTD and MCD represented through counsel); parity was claimed under the order dated 09.05.2025 in W.P.(C) 8035/2024. DUSIB reported that three of the seven petitioners were eligible for rehabilitation and four were ineligible. The Court directed DUSIB to take necessary steps for the rehabilitation of the three eligible petitioners without any further delay. The ineligible petitioners were to make a representation with all documents to DUSIB, which was to extend an opportunity of hearing to them or their representatives and pass an appropriate order; if aggrieved, they were at liberty to take appropriate recourse in accordance with law. Petition disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 12608/2024, CM APPL. 52413/2024 & CM APPL. 71043/2024

NAVAMMA & ORS. .....Petitioners

Through: Mr. Dwarka Sawale, Advocate.

versus

THE ARCHAEOLOGICAL SURVEY OF INDIA THROUGH DIRECTORE OF GENERAL , DELHI CURCLE HUMAYOUN TOMB ,DELHI CIRCLE(SUB CIRCLE HUMAYUN TOMB)_ & ORS. .....Respondents Through: Mr Vikram Jetly CGSC with Ms Shreya Jetly Advocates for R-1, 5 & 7. Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain for DUSIB.

Mr. Anubhav Gupta , Panel Counsel ( Civil) GNCTD, Mr. Siddharth Arora, Advocates for R-4. Adv. Siddhant Nath, Adv. Bhavishya Makhija, Adv. Amaan Khan , Adv. Chaitanya Popli FOR Respondent MCD.

CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R

% 16.04.2026

The petitioner in the instant petition seeks for the following reliefs:

“(i) Issue a Mandamus or Direction or appropriate writ to the Respondents to provide the relocation or resettlement to the petitioners, under appropriate scheme and rehabilitation policy of Govt of india,

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 20/04/2026 at 13:38:58

(ii) May be restored the their Pucca house of the petitioners on their respective place where other peoples also leaving there with compensation due to illegal demolished by the respondents or.,

(iii) May be providing the alternative plot and accommoaation to the petitioners.

(iv) And/or pass such other and further order(s) as your Lordships may deem fit and proper under the circumstances of the case.”

Various submissions have been made and the parity has also been claimed as per the order dated 09.05.2025 in W.P.(C) 8035/2024.

During the course of hearing, it has been brought to the notice of the Court by the learned counsel appearing for the respondent-DUSIB that out of seven petitioners, three petitioners have been found to be eligible for rehabilitation. He also submits that the remaining four petitioners are not eligible.

The Court thus finds that the DUSIB to take necessary steps for the rehabilitation of the three petitioners without any further delay.

So far as the ineligible petitioners are concerned, let the petitioners to make a representation along with a copy of this order to the DUSIB, along with all documents. Let the DUSIB to extend an opportunity of hearing to the petitioners or their representatives. Thereafter, to pass an appropriate order. Let the DUSIB to do the needful.

If the petitioners, thereafter, are aggrieved, they shall be at liberty to take appropriate recourse in accordance with law.

With these observations, petition stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J

APRIL 16, 2026/P

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 20/04/2026 at 13:38:58