$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC013432802017 + W.P.(C) 7086/2017 & CM APPL. 29469/2017, CM APPL. 43486/2017 CAPITAL LAND BUILDERS PVT. LTD. .....Petitioner Through: versus DELHI DEVELOPMENT AUTHORITY AND ORS. .....Respondents Through: Ms. Mansi Gupta, Adv for MCD Mr. Siddharth Panda with Mr. Anil Pandey, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 14.09.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “A) Allow the present Writ Petition and a Writ of direction a writ of mandamus to take immediate action to prevent further encroachments on the land. B) Issue direction in the form of writ of mandamus to respondents to perform their official duty and to remove encroachment and to direct the respondents to stop unauthorized construction over the land in question. C) Issue writ of mandamus to respondent no 1 and 4 to initiate enquiry and investigation, fixing the responsibility of the officials who allowed the unauthorized construction over the land in question during pendency of acquisition proceeding despite various complaints being lodged in this regard. 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 19/09/2026 at 11:44:28 D)To take lawful actions on the complaints dated 23/07/2017 & 31/07/2017 submitted by the petitioner and to initiate all legal steps towards their lawful and logical conclusion. E) Award cost of proceedings to the humble petitioner. ...” 2. My attention has been drawn to the order of the Hon’ble Supreme Court dated 29.11.2016 wherein paragraph No. 5 reads as under:- “5. We make it clear that in case no fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant, if in possession, shall return the physical possession of the land to the owner.” 3. It is on this basis that the present writ petition has been predicated. 4. Mr. Panchnanda, learned counsel for the respondent No. 1/DDA, states that the respondent No. 1/DDA has never been in possession of the land of the petitioner. 5. Additionally, the said stand is also fortified by paragraph No. 10 of the writ petition which reads as under:- “10. That it is pertinent to mention here that the Petitioner through out these years remain in complete physical possession of the land in question. However, while the above said acquisition proceedings were going on, some unauthorized construction was carried out by some persons in portion of the land in question i.e. Khasra No. 905 of village Satbari. The petitioner made complaint to all the concerned authorities including Police and MCD. Further, various complaints have been filed against the unauthorized persons 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 19/09/2026 at 11:44:28 who have encroached upon some part of the land and these cases are still pending before the courts and authority. The Ld. SDM has also issued restrainment order on 05.04.2011 and initiated proceeding U/s 81 of DLR Act, 1954 for misusing the agricultural land. The copy of order dated 05.04.2011 is annexed herewith and marked as ANNEXURE P-4.” 6. In this view of the matter, it is clear that the petitioner is in possession of the land bearing Khasra Nos. 905(4-13), admeasuring in total 4 Bigha 13 Biswas situated within the Revenue Estate of Village Satbari popularly known as Kharak Rewada, New Delhi(“subject property”). 7. If the petitioner has some illegal occupants occupying the land of the petitioner which as per the petitioner itself was in its own continuous use, enjoyment and possession, the petitioner will have to file a civil suit against the alleged unauthorized occupants. 8. In case any of the statutory authorities creates a hindrance qua the subject property, the petitioner will be at liberty to revive the present petition. 9. Granting the said liberty, the petition is disposed of. JASMEET SINGH, J SEPTEMBER 14, 2026/AS 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 19/09/2026 at 11:44:28