$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 223/2026, CM APPL. 22050/2026, CM APPL. 22051/2026 & CM APPL. 22052/2026 M/S K.M. ENTERPRISES THROUGH SHRI KAPIL MONGIA, PROPRIETOR .....Appellant Through: Mr. Manish Vashisht, Senior Advocate along with Ms. Nandni Sahni, Mr. Vedansh Vashisht & Ms. Trisha Laroiya, Advocates. versus DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN .....Respondents Through: Ms. Kritika Gupta, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 07.04.2026 1. Heard Mr. Manish Vashisht, learned Senior Advocate representing the Appellant assisted by Ms. Nandni Sahni, Advocate. On behalf of the Respondents, Ms. Kritika Gupta, Advocate has also been heard. 2. After arguing at some length, the learned Senior Advocate for the Appellant, on instructions, from Mr. Kapil Mongia, the Proprietor of the Appellant-Firm, who is also present in the Court, seeks to withdraw the Appeal with the liberty to the Appellant to handover the possession by a reasonable date to be fixed by this Court. 3. Mr. Manish Vashisht, learned Senior Advocate has also stated that so far as the quantum of damages in terms of the order dated 16.03.2026, the calculation chart appended to the said order was served upon the Appellant without hearing the Appellant’s version in respect of amount of damages. 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 10/04/2026 at 12:13:11 4. Having regard to the overall facts and circumstances of the case and also taking into the consideration the fact that the Appellant undertakes to handover the possession of the subject plot within the time to be stipulated by this Court, we dispose of the Appeal in the following terms: i. The Appeal stands dismissed as withdrawn. ii. The Appellant shall handover the vacant possession of the subject plot to the Appellate Authority of the Delhi Development Authority (“DDA”) by 15.05.2026. iii. An undertaking to the said effect in the form of an Affidavit shall be filed by the Appellant within a week from today before the Court. Any violation of the said undertaking will amount to contempt of Court. 5. So far as quantum of damages is concerned, the DDA, within a week from today, shall give a notice to the Appellant giving the complete details of the damages to be charged along with its break-up and the manner in which the quantum is arrived at by the DDA. On receipt of such notice / details in respect of damages, the Appellant shall furnish his reply to the DDA within a week thereafter. The Competent Authority of the DDA shall take into consideration the reply to be submitted by the Appellant in respect of damages and take an appropriate decision within a fortnight therefrom. The decision on the quantum of damages shall be communicated immediately to the Appellant, who shall make the deposit of the damages within a month from the date of intimation to pay the damages is received by them, failing which it shall be open to DDA to recover the amount of damages as the arrears of land revenue. 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 10/04/2026 at 12:13:11 6. We may, however, provide that this Order in respect of damages is being passed without prejudice to the right of the Appellant to seek remedies, which may be available to him under law, in case he feels aggrieved by the quantum of damages. 7. The Appeal, thus, stands disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J APRIL 7, 2026/ ‘A’ 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 10/04/2026 at 12:13:11