BAL KISHAN (DECEASED) THR LRS vs GOVT. OF NCT DELHI & ORS.

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4242/2025 & CM APPL. 19626/2025 BAL KISHAN (DECEASED) THR LRS .....Petitioner Through: Mr. Rizwan and Mr. Samarth Sharma, Advocates versus GOVT. OF NCT DELHI & ORS. .....Respondents Through: Mr. Sanjay Kr. Pathak, Standing Counsel with Mr. Sunil Kr. Jha, Mr. Mayank Dwivedi and Mr. Diwakar Kapil, Advocates for R-1 and 2. Ms. Mrinalini Sengupta, Advocate for R-3. Mr. Tarun Johri, Mr. Ankur Gupta and Mr. Vishwajeet Tyagi, Advocates for R-4. % Date of Decision: 03.04.2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J: (ORAL) 1. Present writ petition has been filed under Article 226 of the Constitution of India, inter alia, seeking the following prayers:- “A. Issue a writ, order, or direction in the nature of Mandamus, directing the Respondents to restore the title of the acquired land bearing Khasra No.446, admeasuring 645 square yards, which forms part of a larger parcel measuring 4 bighas and 9 biswas, situated within the Revenue Estate of Signature Not Verified Digitally Signed W.P.(C) 4242/2025 Page 1 of 7 By:VINOD KUMAR Signing Date:08.04.2025 18:11:59 Village Jasola, New Delhi, to the Petitioner herein. B. Issue a writ, order, or direction in the nature of Mandamus, directing the Respondents to forthwith demolish the illegal construction raised on the aforesaid land bearing Khasra No. 446, admeasuring 645 square yards, forming part of a larger parcel measuring 4 bighas and 9 biswas, situated within the Revenue Estate of Village Jasola, New Delhi. C. Issue/pass any other such order which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.” 2. It is the case of the petitioner that on 22.06.1989, a notification under sec