Disposed¶20

Surinder Kumar Sharma v. Govt of NCT of Delhi & Ors.

Delhi HC24 Apr 2026W.P.(C)/5576/2026

Case brief

AI extract

What is this about?

Delhi HC; W.P.(C) 5576/2026; Surinder Kumar Sharma v. Govt of NCT of Delhi; compliance/enforcement of earlier demarcation direction (W.P.(C) 11007/2022, order dt. 13.09.2022); demarcation of urbanised land; Khasra No. 1514, Village Asola, Tehsil Hauz Khas, Mehrauli; 8 biswas; SDM; Larger Bench reference O.REF. 1/2024 (Court on its Own Motion v. NEMO); urbanisation notified 2019; possession vs forest land; eight-week compliance deadline; liberty to pursue remedies; petition disposed 24.04.2026.

What did the court decide?

Direction to the Respondents to comply with the order dated 13.09.2022 passed in W.P.(C) 11007/2022 and the notices issued by the concerned SDM, positively within eight weeks; liberty reserved to the Petitioner to pursue appropriate remedies in accordance with law in the event of non-compliance. ¶20

Surinder Kumar Sharma Vs Govt of NCT of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the Respondents must comply with the order dated 13.09.2022 in W.P.(C) 11007/2022 directing demarcation of the Petitioner's land (Khasra No. 1514, Village Asola), notwithstanding that the land has since been urbanised and the question of the competent authority for demarcating urbanised land is pending before a Larger Bench of this Court. +1 more

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Court's answer

Pendency of the Larger Bench reference (O.REF. 1/2024, Court on its Own Motion v. NEMO) on the competent authority for demarcation of urbanised land cannot be a ground to deny the Petitioner's request for demarcation in the facts of this case.

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Ratio / Principle

Demarcation disputes must be resolved; the demarcation exercise, conducted with all contesting parties present, would determine whether the Petitioner is in possession of the subject khasra or whether the land forms part of forest land.

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Key takeaways

The petition is disposed of with a direction to the Respondents to comply with the order dated 13.09.2022 passed by this Court in W.P.(C) 11007/2022, as well as the notices issued by the concerned SDM.ratio¶17
Given that the 2022 directions have remained uncomplied with for a considerable period, the Respondents are expected to carry out the demarcation positively within eight weeks.ratio¶17
In the event of non-compliance, the Petitioner shall be at liberty to take recourse to appropriate remedies in accordance with law.

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J.) disposed of a writ petition in which the petitioner, asserting ownership of 8 biswas of land, Khasra No. 1514, Village Asola, Tehsil Hauz Khas, Mehrauli, sought enforcement of the Court's earlier order dated 13.09.2022 in W.P.(C) 11007/2022 directing demarcation by the concerned SDM in the presence of all contesting parties. Although the requisite fees had been deposited and notices issued, demarcation had not been carried out. The Court held that the pendency before a Larger Bench (O.REF. 1/2024, Court on its Own Motion v. NEMO) of the question of the competent authority to demarcate urbanised land could not be a ground to deny the petitioner's request, noting that urbanisation was notified in 2019 while the demarcation directions issued in 2022, and that the demarcation exercise would determine whether the petitioner is in possession of the khasra or whether the land forms part of forest land. The Respondents were directed to comply with the 13.09.2022 order and the SDM's notices positively within eight weeks, failing which the petitioner may pursue appropriate remedies in accordance with law.

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5576/2026 & CM APPL. 27146/2026

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SURINDER KUMAR SHARMA .....Petitioner

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Through: Mr. Rakesh Kumar and Mr. Ujjwal K. Priyadarshi, Advocates.

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versus

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GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sunil Kumar, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 24.04.2026

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The Petitioner asserts ownership of land admeasuring 8 biswas, bearing Khasra No. 1514, situated in the revenue estate of Village Asola, Tehsil Hauz Khas, Mehrauli, New Delhi, and states that his request for demarcation of the said land, despite judicial orders, has not been carried out. In this regard, reliance is placed on order dated 13^th September, 2022 passed by this Court in W.P.(C) 11007/2022, whereby, after hearing the parties, the Petitioner was directed to file an application for demarcation along with requisite fees, and the concerned SDM was directed to demarcate the property in question, in the presence of all contesting parties, and pass a speaking order in accordance with law, preferably within four weeks.

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In compliance with the aforesaid directions, the Petitioner deposited the requisite fees with the office of the concerned SDM. The said office also issued notices fixing dates for demarcation; however, the exercise has not

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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 27/04/2026 at 13:48:01

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been carried out till date.

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In these circumstances, the Petitioner has approached this Court once again, seeking a direction for compliance with the aforesaid order dated 13^th September, 2022.

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During proceedings, it has also been pointed out that the land in question has since been urbanised. The issue regarding the competent authority to carry out demarcation in respect of urbanised land is stated to be pending consideration before a Larger Bench of this Court in O.REF. 1/2024, titled Court on its Own Motion v. NEMO . However, in the opinion of this Court, such pendency cannot be a ground to deny the Petitioner’s request in the facts of the present case. The urbanisation is stated to have been notified in the year 2019, whereas the directions for demarcation were issued subsequently in 2022. In any event, disputes relating to demarcation must be resolved, and for this purpose, this Court had already directed that all contesting parties remain present at the time of demarcation. Such an exercise would determine whether the Petitioner is in possession of the subject khasra or whether the land forms part of forest land.

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In light of the foregoing, the present petition is disposed of with a direction to the Respondents to comply with order dated 13^th September, 2022 passed by this Court in W.P.(C) 11007/2022, as well as the notices issued by the concerned SDM. 6. Considering that the directions issued in the year 2022 have remained uncomplied with for a considerable period, it is expected that the Respondents shall carry out the same positively within a period of eight weeks from today. In the event of non-compliance, the Petitioner shall be at liberty to take recourse to appropriate remedies in accordance with law.

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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 27/04/2026 at 13:48:01

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The petition is disposed of in the above terms.

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SANJEEV NARULA, J

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APRIL 24, 2026/ hc

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Surinder Kumar Sharma v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Surinder Kumar Sharma 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

Cases cited

Procedural history

Parties & counsel

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