COLONEL AJAY YADAV & ANR. vs GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS.

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 92/2025, CM APPL. 7375/2025, CM APPL. 7376/2025 & CM APPL.7377/2025 COLONEL AJAY YADAV & ANR. .....Appellants Through: Mr. Abhik Chimni, Ms. Pranjal Abrol, Mr. Maaroof, Mr. Gurupal Singh and Ms. Shreya Bajpai, Advocates. versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Kumar Pathak, Standing Counsel with Mrs. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar and Mr. Devendre Kumar, Advocates for R-1/L&B Mr. Kapil Dutta, Advocate for R-2. Mr. Tushar Sannu and Mr. Hardik Saxena, Advocates for R-3/DDA. % Date of Decision: 7th February, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J.: (ORAL) LPA 92/2025 1. Present appeal has been filed under Clause X of the Letters Patent assailing the impugned judgement dated 20.01.2025 in W.P.(C) 352/2025 titled “Colonel Ajay Yadav & Anr vs. Government of National Capital Signature Not Verified Digitally Signed LPA 92/2025 Page 1 of 8 By:MADHU SARDANA Signing Date:11.02.2025 12:52:07 Territory of Delhi & Ors.”, whereby the learned Single Judge had dismissed the writ petition filed by the appellants on the grounds of alternate remedy; embargo of locus standi and forum shopping. 2. It is the case of the appellants that appellants are individual residents of Section B, Pocket – 1, Vasant Kunj since 20-30 years and members of Vasant Kunj Residents Welfare Association (hereinafter referred to as “RWA”). The appellants’ states that they have filed the underlying writ petition challenging the MCD Sanction letter dated 13.05.2025 and the subsequent orders/clearances granted in terms of construction of a housing complex at Khasra No. 1230/2 (New) admeasuring 6 Bighas and 7 Biswa