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2026 DAILYLAW 11264 (DEL)

RAJ KUMAR v. UNION OF INDIA & ANR.

W.P.(C)/8721/2026 · 2026-07-06

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 8721/2026 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8721/2026 with CM APPL. 40928/2026, CM APPL. 40929/2026 and CM APPL. 40930/2026 RAJ KUMAR .....Petitioner Through: Mr. Shekhar Nanavaty, Advocate. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Himanshi Singh, Ms. Pinki Pawar and Mr. Rohit Kumar, Advocates for UoI. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 06.07.2026 1. The present writ petition has been filed seeking setting aside of the order dated 30th January, 2026 passed by the Appellate Authority in an appeal under Section 340 of the Cantonments Act, 2006. The petitioner also assails the consequential vacation notice dated 18th May, 2026 issued by the respondent no.2/Delhi Cantonment Board (DCB) and seeks protection against any coercive action. 2. The petitioner is in possession of the property bearing no.6/99, Diary Area, Village Jharera, Delhi Cantt-110010 (hereinafter ‘subject property’). In terms of the aforesaid vacation notice, the petitioner has been directed to vacate the said property to carry out demolition action. 3. It is stated that the Appellate Authority has erred in ignoring the request for regularisation and composition as made by the petitioner in the 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 08/07/2026 at 12:23:45 W.P.(C) 8721/2026 aforesaid appeal. It is further stated that the subject property is liable to be considered for regularisation under Section 248 of the Cantonment Act, 2006. 4. Counsel for the petitioner places reliance on the order dated 19th September, 2025 passed by the Coordinate Bench of this Court in W.P.(C) 14590/2025 titled ‘Atul Tanwar & Anr. v. Delhi Cantonment Board’ and the order dated 25th September, 2025 passed in W.P. (C) 14883/2025 titled ‘Deshraj v. Delhi Cantonment Board’. 5. Counsel for the petitioner submits that the petitioner is willing to file an application for regularisation before the respondent no.2/DCB. 6. Having heard the counsel for the parties, the present writ petition is disposed of with the following directions:- I. Liberty is granted to the petitioner to file an application for regularisation of the construction in the property in question, within a period of four (4) weeks from today. II. Upon the petitioner filing the regularisation application, the same shall be considered by the respondent no.2/DCB, in accordance with law. III. At the time of considering the regularisation application of the petitioner, the petitioner shall be granted an opportunity of personal hearing. IV. In case any directions are issued by the respondent no.2/DCB during the hearing of the application for regularisation, the said directions shall be duly complied with by the petitioner. V. In case the petitioner files the regularisation application within a period of four (4) weeks from today, no coercive action shall be taken against the property of the petitioner during the pendency of the 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 08/07/2026 at 12:23:45 W.P.(C) 8721/2026 regularisation application. VI. In case the petitioner is aggrieved by any orders passed by the respondent no.2/DCB in the regularisation application, the petitioner shall have the liberty to seek their remedies, in accordance with law. 7. Pending applications also stand disposed of. AMIT BANSAL, J JULY 6, 2026 Vivek/- 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 08/07/2026 at 12:23:45