$~114 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010433312026 + W.P.(C) 13360/2026 & CM APPL. 62194/2026, CM APPL. 62195/2026 MOHD. WARIS & ANR. .....Petitioners Through: Mr Vijay Kinger, Mr Kunal Narang, Mr Vishal Bhati, Mr Yash Dixit,Advs. Versus DELHI DEVELOPMENT AUTHORITY & ORS. .....Respondents Through: Mr. Sanjay Vashishtha, Standing Counsel, Mr Siddhartha Goswami, Mr. Aditya Sachdeva, Advs. for DDA/R-1 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. Issue an appropriate writ, order or direction restraining the Respondents, their officials, employees, agents and/or anyone acting on their behalf from erecting, constructing or installing any wall, boundary wall, fencing, gate, structure or any other permanent construction over the subject property, i.e. property bearing A-7/240-A, Geeta Colony, Delhi, measuring approximately 84 sq. yards & 50 sq. yards, having reference to Khasra No. 391/23/69, or any 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 26/09/2026 at 11:57:42 portion thereof; B. Direct the Respondents to maintain status quo with ‘respect to the nature, physical features and possession of the subject property during the pendency of the present writ petition; C. Direct the Respondent/DDA not to dispossess or interfere with the Petitioners’ possession over the subject property except by following due process of law and after providing a reasonable opportunity of notice and hearing; D. Direct the Respondent/DDA to produce before this Hon'ble Courtthe complete record relied upon for claiming that the subject property forms part of DDA/Government land, including: i. revenue records; ii. khasra records; iii. site plan; iv. demarcation report; v. possession proceedings; vi. DDA land record; vii. surveyreport; and viii. the file/notings/orders pursuant to which demolition action dated 25.08.2026 was undertaken; E. Direct the Respondents to conduct a proper demarcation/survey of thesubject property, after giving prior notice to and permitting the Petitioners to participate in the demarcation proceedings; F. Quash/set aside the action of the Respondents in 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 26/09/2026 at 11:57:42 demolishing the construction of the Petitionerson 25.08.2026, being violative of principles of natural justice and due process of law, particularly insofar as no notice/hearing was afforded to the Petitioners; G. In the alterative, direct the Respondents that if they claim that the subject property is DDA/Government land or that the Petitioners’ construction was unauthorised, they shall first issue a proper show-cause notice, disclose the material relied upon, afford personal hearing and pass a reasoned order in accordance with law before taking any further coercive action; H. Direct the Respondents to preserve and produce the video recording, demolition report, inspection report, police deployment record and other contemporaneous records relating to the demolition conducted on 25.08.2026;…” 2. For the reasons stated in the petition, issue notice. 3. Mr. Vashishtha, learned counsel accepts notice on behalf of the respondent no. 1 and has addressed arguments. 4. There is nobody appearing on behalf of the other respondents. 5. Learned counsel for respondent no. 1 has submitted that action is being taken for removal of unauthorized construction over the DDA government land. 6. However, learned counsel for the petitioners, states that the petitioner is the owner of property bearing No. A-7/240-A, Geeta Colony, Delhi, measuring approximately 84 sq. yds. & 50 sq. yds. with reference to Khasra No. 391/23/69 (hereinafter referred to as the “property in 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 26/09/2026 at 11:57:42 question”). 7. Following are the documents showing the ownership of the petitioner No. 1 are as follows: a. GPA dated 29.09.2006; b. Agreement to Sell dated 29.09.2006; c. Will dated 29.09.2006; d. Possession letter dated 29.09.2006; and e. Other connected documents. 8. A perusal of the above referred Agreement to Sell dated 29.09.2006, shows that the ownership of the previous owner, namely Mr. Satish Kumar as under: 9. On my specific query as to how Shri Satish Kumar acquired ownership of the property, particularly when the Agreement to Sell dated 29.09.2006 is conspicuously devoid of any material particulars in this regard, Mr. Kinger, learned counsel appearing for 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 26/09/2026 at 11:57:42 petitioners, has drawn my attention to the original documents evidencing the chain of title commencing from 28.09.1987 in favour of one Shri Manohar Lal. 10. A perusal of the said documents further reveals that there is no disclosure of the source or fountainhead of title to the property in question. The documents merely describe the executant as the “absolute owner and in possession”, without setting out any particulars or basis from which such ownership is claimed. 11. In the absence of any clear documents showing the ownership of the predecessors-in-interest of the petitioners as well as the petitioners with regards to the property in question, I am unable to entertain the writ petition. 12. Additionally, the document has been handed over in Court today shows that Khasra No. 23 Chariga Junabi had been handed over to the respondent No. 1/ DDA as per letter bearing DO letter No. 4(34)/83 SS.II dated 26.09.1983 in accordance with sanction letter bearing No. 4(19)/78/SD.II. The said document handed over in Court today is taken on record. 13. Additionally, it is stated by Mr. Vashishtha, learned counsel for the respondent no. 1 that the property has been handed over to the DDA. 14. In this view of the matter, I am unable to entertain the present writ petition and the same is dismissed with liberty to the petitioner to avail all its legal rights in accordance with law. JASMEET SINGH, J SEPTEMBER 14, 2026/sp 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 26/09/2026 at 11:57:42