Shri Sidh Shani Dham Welfare Association Vs Delhi Development Authority & Ors.

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3556/2026 & CM APPL. 17190/2026 SHRI SIDH SHANI DHAM WELFARE ASSOCIATION

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.....Petitioner

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Through: Mr. Ankit Jain, Sr Adv. with Mr. Manik Dogra Sr. Adv. Mr. Abhishek Kukkar & Mr. Mohit Kumar Advs.

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versus DELHI DEVELOPMENT AUTHORITY & ORS. .....Respondents Through: Mr. Jivesh Kumar Tiwari (CGSC), Ms. Samiksha (GP), Ms. Nandini Aggarwal, Adv. Ms. Manika Tripathy, SC for DDA, Mr. Saksham Singh, Adv.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 19.03.2026

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CM APPL. 17189/2026

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Exemptions allowed, subject to all just exceptions.

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The application stands disposed of.

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W.P.(C) 3556/2026

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This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-

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“(i) issue writ of mandamus or any other appropriate writ thereby quashing the speaking order dt. 23/02/2026 passed by the Respondent/DDA in compliance order dt. 14/5/2025 passed in of WP(C) No. 6236/2025;

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(ii) issue writ of mandamus or any other appropriate writ thereby directing the Respondents to update and upload the image/map of unauthorized colony on DDA Portal (PM-Uday Cell) and extend the benefits of PM Uday Scheme to the

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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 30/03/2026 at 17:53:54

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petitioner’s colony (ELD-18, Sarai Kale Khan Village), falling in Khasra No. 96 & 97/2, Sarai Kale Khan Village, New Delhi;

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(iii) Issue a writ of Mandamus or any other writ, order or direction in the nature thereof in favor of the petitioner association and against the respondents restraining them from excluding Petitioner Colony falling in Khasra No. 96 & 97/2, ELD-18, Sarai Kale Khan Village, New Delhi from the list of Unauthorized colonies as mentioned in Annexure-II of The National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorized Colonies) Regulations, 2019;

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(iv) Issue a writ of Mandamus or any other writ, order or direction in the nature thereof in favor of the residents of petitioner association and against the respondents restraining them, their agent, representatives from dispossessing the residents of petitioner association and/or conducting illegal demolition upon the subject property falling in Khasra No. 96 & 97/2, ELD-18-Sarai Kale Khan Village, New Delhi.”

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For the reasons stated in the petition, issue notice.

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Ms. Tripathi and Mr. Tiwari, learned standing counsels, accept notice on behalf of the respondent Nos. 1-2 and 3 respectively.

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The facts are that the petitioners are occupiers/resident of Khasra no. 96 and 97/2, ad measuring around 4 Bigha 13 Biswa situated in ELD-18, Sarai Kale Khan, Village, New Delhi.

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According to the petitioner, the petitioner is one of the colonies entitled to be considered for regularization. In 2008, the colony applied for regularization and was granted a Provisional Regularization Certificate. Under the PM-UDAY Scheme introduced in 2019 to confer ownership

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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 30/03/2026 at 17:53:54

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rights in unauthorized colonies, the petitioner colony was included, and the RWA applied with all required documents.

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However, in 2022, DDA proposed removal of the colony from the list, alleging it was on NDMC land and mostly vacant. The petitioner contested this, stating the land is built-up and was wrongly mapped by clubbing it with adjacent NDMC land. Despite representations and committee discussions (2023–2024), and a direction to correct mapping through GSDL, no corrective action was taken.

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Since the petitioner was being dispossessed, the petitioner file Writ Petition bearing no. 6236/2025 titled Shri Sidh Shani Dham Welfare Association v. DDA which was disposed of on 14.05.2025 directing the respondent No. 1 to pass a speaking order within six weeks of the representation filed by the petitioner..

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The petitioner’s representation dated 11.04.2025, reads as under:-

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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 30/03/2026 at 17:53:54

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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 30/03/2026 at 17:53:54

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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 30/03/2026 at 17:53:54

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Additionally, the petitioner also relies upon the letter dated

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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 30/03/2026 at 17:53:54

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13.10.2025 issued by the Ministry of Housing & Urban Affairs, which reads as under:-

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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 30/03/2026 at 17:53:54

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The representation of the petitioner was considered and disposed of by a speaking order dated 23.02.2026 which reads as under:-

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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 30/03/2026 at 17:53:54

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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 30/03/2026 at 17:53:54

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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 30/03/2026 at 17:53:54

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A perusal of the speaking order shows that even though the respondent No. 1 has captured the history in the recital, the consideration of the representation is cryptic and is in the last para which reads as under:-

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“NOW THEREFORE, in view of the facts on record, the aforesaid applicable provisions and the recommendations of the duly constituted Boundary Delineation Committee, the representation/writ claims of the applicants seeking inclusion of Colony Regd No. 18-ELD, Sarai Kale Khan Village, under the PM-UDAY Scheme are hereby rejected for the reasons stated hereinabove.”

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The same to my mind, does not deal with the specific contentions of the petitioner raised in their representation dated 11.04.2025 which was included in the writ petition. I am of the view that the reasons provided are cryptic and do not deal with the specific points mentioned in the representation such as amendment in regulations for regularisation and ownership rights and incorrect justification for proposed deletion.

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Accordingly, each and every contention raised by the petitioner must be dealt with by application of mind and analysis based on documents filed by the petitioner and/or in possession of the respondent No. 1.

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Since the same has not been done, consequently the order of 23.03.2026 is hereby set aside and the respondent No. 1 is granted four weeks to consider the present petition as a representation, and the speaking order shall respond to every material and ground raised by the petitioner.

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Prior to passing the order, two representatives of the petitioner familiar with the fact will be heard by the concerned officer on 02.04.2026

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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 30/03/2026 at 17:53:54

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at 11:30 pm at the office of Director, PM Uday, D-Block Vikas Sadan, INA, New Delhi-23.

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In case the said date is not convenient the officer shall inform the petitioner through email.

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The petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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MARCH 19, 2026/NG

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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 30/03/2026 at 17:53:54

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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 30/03/2026 at 17:53:54

Shri Sidh Shani Dham Welfare Association v. Delhi Development Authority & Ors.

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Shri Sidh Shani Dham Welfare Association v. Delhi Development Authority & Ors.

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