SHAHZAD KHAN & ORS. vs GOVT. OF NCT DELHI & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 28 April 2025 Judgment pronounced on : 15 May 2025 + W.P.(C) 9115/2023, CM APPL. 34692/2023, CM APPL. 59085/2024, CM APPL. 59471/2024 & CM APPL. 61424/2024 SHAHZAD KHAN & ORS. ..... Petitioners Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. Pawan Prakash Pathak and Ms. Richa Sandilya, Advs. versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Anubhav Gupta, Adv. for R-1. Ms. Prabhsahay Kaur,SC with Mr. Aditya Verma and Ms. Sana Praveen, Advs. for R3. Ms. Ruchika Rathi, Adv. for R4 and R5. Mr. Tarun Johri, Mr. Ankur Gupta and Mr. Vishwajeet Tyagi, Advs. for DMRC. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The petitioners invoke the extraordinary jurisdiction of this Court by instituting the present writ petition under Article 226 of the Constitution of India, 1950, seeking the following reliefs against the respondents herein: Signature Not Verified W.P.(C) 9115/2023 Digitally Signed By:PRAMOD Page 1 of 28 KUMAR VATS Signing Date:15.05.2025 20:35:13 a) Issue Writ of Mandamus and/ or any other appropriate suitable writ(s), order(s) and/ or direction(s) to the respondents specifically respondent no. 03 i.e. Delhi Development Authority thereby restraining respondent No. 3 from carrying out any demolition with respect to the houses of the petitioners situated upon the land of Khasra No. 482 and 483 of Village Madanpur Khadar, presently known as Shram Vihar, Abul Fazal Enclave, New Delhi (Unauthorized Colony regd. At serial No. 391-B) comprising small part of the said colony, by pick and choose basis and without following due process of law, And further protect the petitioners from illegal eviction from their respective houses/ properties, in the interest of justice; b) Pass any other and