Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 14920 (DEL)

DR. USHA SABHARWAL v. PUBLIC WORKS DEPARTMENT AND ORS

W.P.(C)/11660/2026 · 2026-08-13

Swarana Kanta Sharma

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010374482026 + W.P.(C) 11660/2026 & CM APPL. 53949/2026 DR. USHA SABHARWAL .....Petitioner Through: Mr. Zoheb Hossain, Sr Adv with Mr. Sanjeev Menon, Adv. versus PUBLIC WORKS DEPARTMENT AND ORS .....Respondents Through: Mr. Nitin kumar, Advocate for GNCTD. Ms. Ikshita Parihar, Adv. for R-3. Mr. Mohinder Rupal, Mr. Hardik Rupal and Ms. Aisharya Manlhotra, Advs. for DU. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 13.08.2026 1. By way of the present writ petition, the petitioner seeks following relief: “(a) Issue a writ, order or direction in the nature of a mandamus directing the Respondents to demolish the illegal and unauthorized concrete structure which is stated to be a power pump house and allied structures, being constructed right adjacent to the front boundary wall of the land belonging to the Petitioner measuring 4 Bighas & 16 Biswas, comprised in Mustatil No. 3, Killa No.s 16 (2-0), 17 min (0-10), 24 min (0-4) and 25 min (2-2) (at Gadaipur Bandh Road) situated in the revenue estate of Village Jonapur, Tehsil Mehrauli, New Delhi; (b) Issue a writ, order or direction in the nature of mandamus, directing the Respondents to restore the pedestrian footpath abutting the front boundary wall of the land belonging to the Petitioner measuring 4 Bighas & 16 Biswas, comprised in Mustatil No. 3, Killa No.s 16 (2-0), 17 min 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 17/08/2026 at 11:56:34 (0-10), 24 min (0-4) and 25 min (2-2) (at Gadaipur Bandh Road) situated in the revenue estate of Village Jonapur, Tehsil Mehrauli, New Delhi, to the state it was in prior to the construction of the concrete structure which is stated to be a power pump house; (c) Issue a writ, order or direction in the nature of a mandamus, directing the Respondents to restore the front boundary way of the land belonging to the Petitioner measuring 4 Bighas & 16 Biswas, comprised in Mustatil No. 3, Killa No.s 16 (2-0), 17 min (0-10), 24 min (0-4) and 25 min (2-2) (at Gadaipur Bandh Road) situated in the revenue estate of Village Jonapur, Tehsil Mehrauli, New Delhi, to the state it was in prior to the construction of the concrete structure which is stated to be a power pump house; and (d) Issue a writ order or direction commanding the Respondents to compensate the Petitioner, to such extent as this Hon’ble Court may determine, for the damage caused to her property by illegal destruction of the front boundary wall of the land belonging to the Petitioner measuring 4 Bighas & 16 Biswas, comprised in Mustatil No. 3, Killa No.s 16 (2-0), 17 min (0-10), 24 min (0-4) and 25 min (2-2) (at Gadaipur Bandh Road) situated in the revenue estate of Village Jonapur, Tehsil Mehrauli, New Delhi; and (e) Issue a writ, order or direction to the Respondents directing them to not carry out any construction on the footpath outside the property of the Petitioner without necessary permissions and without giving prior intima” 2. Briefly stated the facts of the present case, as mentioned in the writ petition, are that the petitioner owns a vacant plot of land at Village Jonapur, New Delhi. The PWD (respondent nos. 1 and 2) had constructed a power pump-house adjoining the front boundary wall without prior notice to the petitioner. It is stated that during construction, the part of the boundary wall was damaged, and the structure allegedly encroached upon/obstructed the adjoining footpath. The pump-house has been constructed in front of the portion where the petitioner intended to install the main gate, allegedly restricting access to the property. The petitioner further contends that the construction was undertaken without requisite permissions or consideration of its impact on the adjoining property. Accordingly, the petitioner seeks 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 17/08/2026 at 11:56:34 removal of the structure and restoration of the boundary wall and footpath, contending that the construction affects her right to access and use her property under Article 300A of the Constitution of India. 3. After hearing learned counsels appearing on behalf of the parties and in view of the issue involved in the instant petition, this Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of one week from date, under intimation to the petitioner herein. 4. In above terms, the present petition stands disposed of. Pending application, if any, also stands disposed of. 5. In case of any further grievance, the petitioner will be at liberty to approach this Court by filing fresh writ petition. 6. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 13, 2026/A/VS 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 17/08/2026 at 11:56:34