W.P.(C) 11744/2022 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010300632022 + W.P.(C) 11744/2022 & CM APPL. 34946/2022 SMT. SANTOSH & ORS. .....Petitioners Through: Mr. Fanish Kumar Jain and Mr. Kavyansh Jain, Advocates for Manni Kumar. Mr. Tarun Diwan with Ms. Suruchi Mittal and Ms. Pyari, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Tushar Sannu and Mr. Parvin Bansal, Advocates for R/MCD. Mr. Niraj Kumar, Sr. Central Govt. Counsel and Mr. Chaitanya Kumar, Advocate for R- 2 & 3/Delhi Police, PS:Shahdara. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 07.09.2026 1. The present writ petition has been filed seeking a direction to the respondent- MCD to stop the illegal and unauthorised construction at property no. 305, Khasra no.665, Gokul Pur, in the abadi of Amar Colony, Harijan Basti, Gokulpur, Illaqa Shahdara, Delhi-110094 (‘subject property’), by the petitioners who claim themselves to be owners/occupiers of property. 2. This matter was first listed on 8th August, 2022 and a status report was handed over on behalf of respondent-MCD, wherein it is stated that upon inspection, the subject property was identified as property no. A-295, Khasra no. 676/2, Main Mangal Road, Amar Colony, East Gokulpur, Delhi. On local enquiry it was revealed that the back side of the plot area having 75 sq. yards was property no. 305, Khasra no.665, Gokul Pur, in the abadi of Amar Colony, Harijan Basti, Gokulpur, Illaqa Shahdara, Delhi-110094. 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 10/09/2026 at 11:37:15 W.P.(C) 11744/2022 3. This court, vide order dated 14th January, 2026 impleaded respondent no.4 in the petition, who claims to be the owner and in possession of the property bearing no. A-295, Khasra no. 676/2. 4. In view of the discrepancy regarding the addresses, MCD had sought clarification from the SDM, Yamuna Vihar regarding the correct identification of the property. 5. In the subsequent status report dated 28th April, 2026, property no.A-295, Khasra no. 676/2, measuring approximately 200 sq. yards, was found to have been constructed in two portions of 125 sq. yards and 75 sq. yards without obtaining the requisite approval. It was stated that the unauthorised construction had already been booked and that demolition action had been carried out on 19th June, 2023 and 27th July, 2023. It was stated that entire property had been demolished and remained in an uninhabitable condition. 6. It was also stated that as per SDM report, Khasra no. 665 had been divided into five parts, all of which were recorded as Government-owned land and were in the possession of the Government. In contrast, the Jamabandi records relating to Khasra no. 676/2 reflected private ownership entries, including the name of Amar S/o Mela Ram in one record and Pheru and Bheema as non-occupant tenants in another. The SDM report further noted that Khasra no. 676/1 was shown as acquired land under Award no. 14/72- 73. 7. Having heard the counsel for the parties, this Court is of the view that the present writ petition raises disputed questions of fact with regard to ownership of the subject property. Both the petitioner as well as private respondent no.4 claim ownership of the subject property. 8. In view thereof, this Court is not inclined to entertain the present writ petition. 9. Accordingly, the present writ petition is dismissed. 10. The pending application stands disposed of. AMIT BANSAL, J SEPTEMBER 7, 2026 ds 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 10/09/2026 at 11:37:15