Smt Anjali Anr. & Anr. Vs Delhi Development Authority & Ors.

Through: Ms Nitika Bhutani, Advocate for R- GNCTD. Mr Parvinder Chauhan Senior Advocate with Ms.Meenakshi Advocate and P.K Jha Pr. director and Pranav siroha LA for R-DUSIB. Ms. Deeksha L. Kakar, Ms. Prabhsahay Kaur, SC, advocates with Mr.Adv. Rashneet Singh, Mr. Aditya Verma, Ms. Anmol Kaur, Advocates for R-DDA.

¶10

58

¶11

- W.P.(C) 7699/2025 and CM APPL. 34198/2025

¶12

SMT ANJALI & ANR. .....Petitioners Through: Appearance not given. versus

¶13

DELHI URBAN SHELTER IMPROVEMENT BOARD & ORS.

¶14

.....Respondents Through: Ms Nitika Bhutani, Advocate for R- GNCTD.

¶15

This is a digitally signed order.

¶16

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 24/03/2026 at 12:27:35

¶17

Mr Parvinder Chauhan Senior Advocate with Ms.Meenakshi Advocate and P.K Jha Pr. director and Pranav siroha LA for R-DUSIB. Ms. Deeksha L. Kakar, Ms. Prabhsahay Kaur, SC, advocates with Mr.Adv. Rashneet Singh, Mr. Aditya Verma, Ms. Anmol Kaur, Advocates for R-DDA.

¶18

59

¶19

+ W.P.(C) 7782/2025 and CM APPL. 34412/2025

¶20

P KANNAN .....Petitioner

¶21

Through: Appearance not given. versus

¶22

DELHI URBAN SHELTER IMPROVEMENT BOARD (DUSIB) THROUGH THE CHIEF EXECUTIVE OFFICER, & ORS.

¶23

.....Respondents

¶24

Through: Ms Nitika Bhutani, Advocate for R- GNCTD. Mr Parvinder Chauhan Senior Advocate with Ms.Meenakshi Advocate and P.K Jha Pr. director and Pranav siroha LA for R-DUSIB. Ms. Deeksha L. Kakar, Ms. Prabhsahay Kaur, SC, advocates with Mr.Adv. Rashneet Singh, Mr. Aditya Verma, Ms. Anmol Kaur, Advocates for R-DDA.

¶25

60

¶26

W.P.(C) 7965/2025 and CM APPL. 34987/2025

¶27

CHANDRAN .....Petitioner

¶28

Through: Ms. Rupali Samuel, Mr. Prasanna S., Ms. Injila Muslim Zaidi, Mr.Maamidi Ashish Reddy Mr. Prasanna B. and

¶29

This is a digitally signed order.

¶30

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 24/03/2026 at 12:27:35

¶31

Ms. Aditi Soni, Advocates.

¶32

versus

¶33

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS

¶34

.....Respondents Through: Mr. Anubhav Gupta, PANEL COUNSEL ( CIVIL ) GNCTD, Mr Kartik Sharma, Advocates Mr Parvinder Chauhan Senior Advocate with Ms.Meenakshi Advocate and P.K Jha Pr. director and Pranav siroha LA for R-DUSIB. Ms. Deeksha L. Kakar, Ms. Prabhsahay Kaur, SC, advocates with Mr.Adv. Rashneet Singh, Mr. Aditya Verma, Ms. Anmol Kaur, Advocates for R-DDA. 61 + W.P.(C) 8269/2025 and CM APPL. 36049-36050/2025

¶35

MALA .....Petitioner Through: Appearance not given. versus

¶36

DELHI URBAN SHELTER IMPROVEMENT BOARD (DUSIB) THROUGH THE CHIEF EXECUTIVE OFFICER, & ORS.

¶37

.....Respondent Through: Mr. Anubhav Gupta, PANEL COUNSEL ( CIVIL ) GNCTD, Mr Kartik Sharma, Advocates Mr Parvinder Chauhan Senior Advocate with Ms.Meenakshi Advocate and P.K Jha Pr. director and Pranav siroha LA for R-DUSIB. Ms. Deeksha L. Kakar, Ms. Prabhsahay Kaur, SC, advocates with Mr.Adv. Rashneet Singh, Mr. Aditya Verma, Ms. Anmol Kaur, Advocates

¶38

This is a digitally signed order.

¶39

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 24/03/2026 at 12:27:35

¶40

for R-DDA.

¶41

98

¶42

+ CONT.CAS(C) 1342/2025 and CM APPL. 7395/2026

¶43

SMT ANJALI ANR & ANR. .....Petitioners

¶44

Through: Ms. Sonal Sarda, Ms. Sunidhi Gupta, Advocate.

¶45

versus

¶46

DELHI DEVELOPMENT AUTHORITY & ORS.

¶47

.....Respondents Through: Mr Parvinder Chauhan Senior Advocate with Ms.Meenakshi Advocate and P.K Jha Pr. director and Pranav siroha LA for R-DUSIB. Ms. Deeksha L. Kakar, Ms. Prabhsahay Kaur, SC, advocates with Mr.Adv. Rashneet Singh, Mr. Aditya Verma, Ms. Anmol Kaur, Advocates for R-DDA.

¶48

CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R % 18.03.2026

¶51

Heard learned counsel appearing on behalf of the parties.

¶52

Learned counsel appearing on behalf of the petitioners, in order to overcome the hurdle of not availing alternate remedy under Section 45 of the Delhi Urban Shelter Improvement Board Act, 2010 (‘the Act of 2010’) makes various submissions.

¶53

According to the petitioners, the order is passed by the Chief Executive Officer (‘CEO’) and is without jurisdiction. Therefore, the Court should entertain the instant writ petitions as the appeal is not maintainable

¶54

This is a digitally signed order.

¶55

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 24/03/2026 at 12:27:35

¶56

against the order passed by the CEO. Additionally, it is contended that the CEO under the policy or the Act is not authorized to overturn the decision passed by the Appellate Authority.

¶57

The respondent- Delhi Urban Shelter Improvement Board (‘DUSIB’) however takes a consistent position that all these aspects can be looked into by the Appellate Authority under Section 45 of the Act of 2010.

¶58

Section 45 of the Act of 2010 is extracted as under:-

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“45. Appeals.

¶60

(1)Any person aggrieved by any notice, order or direction issued or given by the Board under this Act, may, within thirty days from the date of receipt of the notice, order or decision, appeal to the Lieutenant Governor:Provided that the Lieutenant Governor may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing it within that period.

¶61

(2)An appeal to the Lieutenant Governor shall be made in such form and shall be accompanied by a copy of the notice, order or direction appealed against and by such fees as may be prescribed by rules.

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(3)The order of the Lieutenant Governor on an appeal under sub-section (1) shall be final.

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(4)No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard.”

¶64

It is, thus, seen that any person aggrieved by any notice, order or direction issued or given by the Board under the provisions of the Act of 2010, is entitled to prefer an appeal to the Lieutenant Governor. The decision may have been communicated by the CEO, however, the same will have to be construed to have been passed by the DUSIB. The CEO acts as an authority under the provisions of the Act of 2010; and he exercises powers on behalf of the DUSIB, not in his individual capacity, which are delegated as per law. Even otherwise, the issue whether the CEO has passed

¶65

This is a digitally signed order.

¶66

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 24/03/2026 at 12:27:35

¶67

the order in his individual capacity or the same is the decision by the Board, itself can be looked into by the Appellate Authority.

¶68

In view thereof, the petitioners have the remedy to file an appeal under Section 45 of the Act of 2010.

¶69

The Court also finds that some interim directions were passed; the same shall remain in force till the appeals are decided.

¶70

The respondents undertake that the no objection regarding maintainability or limitation shall be raised, if the appeal is filed within a period of four weeks from today.

¶71

So far as the submission with respect to the modification of the observations made by the Court in the order dated 02.12.2025 in paragraph no.7 whether the word ‘DDA’ will have to be replaced by the word ‘DUSIB’ is concerned, the said aspect will also have to be looked into by the Appellate Authority.

¶72

With the aforesaid observations, the instant petitions stand disposed of along with all pending applications.

¶73

All rights and contentions of the parties are left open.

¶74

PURUSHAINDRA KUMAR KAURAV, J

¶75

MARCH 18, 2026 Nc

¶76

This is a digitally signed order.

¶77

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 24/03/2026 at 12:27:35

Smt Anjali Anr. & Anr. v. Delhi Development Authority & Ors.

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Smt Anjali Anr. & Anr. v. Delhi Development Authority & Ors.

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