Gulshan Kumar (Deceased) through Lrs v. Delhi Development Authority and Anr.

Delhi HC9 Apr 2026W.P.(C)/2493/2026

Case brief

AI extract

What is this about?

DDA eviction and damages writ petition; P.P. Act appeal 19/2018 Tis Hazari; Estate Officer-II D order 30.07.2018; unauthorised occupant Karol Bagh Basti Reghar; undertaking to vacate premises; disposed as not pressed; no coercive steps till 26.08.2026; Articles 226 and 227 mandamus; Gulshan Kumar (deceased) through LRs versus Delhi Development Authority.

What did the court decide?

Petition disposed of as not pressed; petitioner permitted to vacate the subject premises on or before 26.08.2026 in terms of his undertaking of 26.02.2026, with no coercive steps until then, and respondents retaining liberty to initiate proceedings in accordance with law upon breach of the undertaking. ¶¶22

Gulshan Kumar (Deceased) through Lrs Vs Delhi… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶¶22

Issue for consideration

Whether the impugned order dated 31.01.2026 of the Principal District & Sessions Judge dismissing P.P. Act appeal no. 19/2018 - which upheld the Estate Officer-II D order dated 30.07.2018 for eviction of and damages from the unauthorised occupant of premises 3-A/112, Basti Reghar, Karol Bagh - ought to be quashed through a writ of Mandamus under Articles 226 and 227.

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Court's answer

The writ petition is disposed of as not pressed; the petitioner shall abide by the undertaking given and shall vacate the subject premises on or before 26.08.2026, and no coercive steps shall be taken against him till then.

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Ratio / Principle

Should the petitioner fail to abide by the said undertaking, the respondents shall be at liberty to initiate appropriate proceedings in accordance with law.

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Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J., 09.04.2026): Legal representatives of the deceased occupant, Gulshan Kumar, sought a writ under Articles 226 and 227 to quash the order dated 31.01.2026 of the Principal District & Sessions Judge, Central, Tis Hazari Courts, dismissing P.P. Act appeal no. 19/2018, which had upheld the Estate Officer-II D (DDA) order dated 30.07.2018 directing eviction of and damages from the admittedly unauthorised occupant of premises 3-A/112, Basti Reghar, Khasra No. 2592, WEA Karol Bagh, Delhi. As counsel had undertaken on 26.02.2026 that the premises would be vacated within six months, the Court disposed of the petition as not pressed: vacation fixed on or before 26.08.2026, no coercive steps meanwhile, pending applications disposed of, and liberty reserved to the respondents to initiate proceedings in accordance with law if the undertaking is breached. The merits were not adjudicated by this Court.

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$~48

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2493/2026 & CM APPL. 12084/2026

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GULSHAN KUMAR (DECEASED) THROUGH LRS.....Petitioner

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Through: Mr. Deepak Dewan, Ms. Muskan Dewan and Mr. Ayush Dewan, Advocates (through vc).

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versus

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DELHI DEVELOPMENT AUTHORITY AND ANR .....Respondents

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Through: Ms. Chand Chopra with Mr. Punishk Handa, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 09.04.2026

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This hearing has been done through hybrid mode.

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The present petition under Article 226 and 227 of the Constitution of India seeks the following prayers:

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“a) Allow writ petition under Article 226 & 227 of the Constitution of India, by issuing writ of Mandamus or any other appropriate Writ inter-alia quashing and set aside the impugned order dated 31.01.2026 passed by the Ld. Court of District & Sessions Judge, Tis Hazari Court in P.P. Act appeal no. 19/2018.

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Any other or further order/(s) which this Hon’ble Court may kindly deem fit and proper under the facts and circumstances as well as the interest of justice in favour of the petitioner and against the respondent/s.”

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The present petition has been filed challenging the order dated 31.01.2026 passed by the learned Principal District & Sessions Judge,

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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 15/04/2026 at 12:04:20

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Central, Tis Hazari Courts in PPA No. 19/2018. The aforesaid appeal was filed challenging the order dated 30.07.2018 passed by Estate Officer-II D, Delhi Development Authority against the petitioner with respect to public premise bearing no. 3-A/112, Basti Reghar, Khasra No. 2592, WEA Karol Bagh, Delhi, 110005.

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Learned Principal District and Sessions Judge disposed of the said appeal in the following terms:

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“6. After having examined the record of the case, contentions of both the sides, facts and circumstances of the case, I am of the opinion that no interference with the order dated 30.07.2018 is called for. Since there is an admission on behalf of appellant that he is an unauthorised occupant and no rightful claim to the possession of the property in question is shown and also the assessment of damages has already been done, appellant is under obligation to vacate the premises. The Estate Officer has rightly ordered for eviction as well as damages. The charges sought by the department is as per rules and regulations.

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In view of above observations, I find no illegality and impropriety in the order dated 30.07.2018. Appeal is accordingly dismissed.”

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On 26.02.2026, when the matter was listed before this Court, learned counsel for the petitioner during the course of the arguments had submitted that the latter would vacate the aforesaid subject premises within a period 6 months from that day. In view of the same, an affidavit of undertaking was sought and it was directed that no coercive steps be taken against the petitioner. The said undertaking has been placed on record.

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In these circumstances, the present petition is disposed of as not pressed. The petitioner shall abide by the undertaking given by him and shall vacate the subject premises on or before 26.08.2026. Till then, no coercive

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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 15/04/2026 at 12:04:20

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steps be taken against the petitioner. In case, the petitioner does not abide by the said undertaking, the respondents shall be at liberty to initiate appropriate proceedings in accordance with law.

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Pending application(s), if any, also stands disposed of.

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Order be uploaded on the website of this Court forthwith .

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AMIT SHARMA, J

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APRIL 09, 2026 /bsr/ah

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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 15/04/2026 at 12:04:20

Gulshan Kumar (Deceased) through Lrs v. Delhi Development Authority and Anr.

Case brief

What is this about?

What did the court decide?

Gulshan Kumar (Deceased) through Lrs v. Delhi Development Authority and Anr.

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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