DESHRAJ vs DELHI CANTONMENT BOARD

Judgment text excerpt

$~109 & 110 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th September, 2025 + W.P.(C) 14883/2025, CM APPL. 61196/2025 & CM APPL. 61197/2025 DESHRAJ .....Petitioner Through: Mr. Sarvesh Rai, Adv. versus DELHI CANTONMENT BOARD .....Respondent Through: Mr. Ankur Mishra, Adv. (Through VC) + W.P.(C) 14884/2025, CM APPL. 61198/2025 & CM APPL. 61199/2025 SMT KRISHNA .....Petitioner Through: Mr. Sarvesh Rai, Adv. versus DELHI CANTONMENT BOARD .....Respondent Through: Mr. Ankur Mishra, Adv. (Through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral) 1. The present writ petitions have been filed seeking to set aside the order dated 29th July, 2025, passed by the General Officer Commanding-in- Chief, Western Command, Chandimandir, in Appeal No. 05/2025, titled as “Shri Desh Raj Versus Delhi Cantonment Board”, and to not take any Signature Not Verified Digitally Signed Page 1 of 3 By:HARIOM SHARMA Signing Date:27.09.2025 11:05:30 coercive action against the petitioners. 2. Learned counsel appearing for the petitioners submits that the Delhi Cantonment Board (“DCB”) has committed an error in coming to the conclusion that the petitioners have raised unauthorized construction, without obtaining permission from the respondent herein. 3. After some arguments, learned counsel appearing for the petitioners draws the attention of this Court to an earlier order dated 19th September, 2025, passed by this Court, in W.P.(C) 14590/2025, titled as “Atul Tanwar & Anr. Versus Delhi Cantonment Board”, to submit that similar order may be passed and that the petitioners are willing to file an application for regularization. 4. At this stage, learned counsel appearing for the respondent-DCB submits that in the present case, the construction has been made by the