JUDGMENT

Manmeet Pritam Singh Arora, J.

1. The present petition has been filed seeking a direction to the Respondent No. 1, Delhi Development Authority (`DDA'), to restrain itself from either demolishing or dispossessing the Petitioner from the residential property bearing no. 172, Cariappa Marg, Khirki Extn., MB Road, (`the subject property'), situated in Khasra No. 443, Village Khirki, Delhi. The petition states that the subject property is located in the unauthorized colony of `Khirki Extn., Colony Cariappa Marg, MB Road, New Delhi'.

2. The Petitioner is aggrieved by the action of Respondent No. 1, DDA, to the extent that the officials of Respondent, DDA, have threatened to demolish the subject property, which is in possession and occupation of the Petitioner herein. He is further aggrieved by the demolition order No. LM/SSII/0007/2022/F1/DEMO-SS-II(LM)-II/164 dated 19.10.2022, issued by the Deputy Director (Land Management) S & S II, DDA, during the pendency of the present petition.

3. Learned counsel for the Petitioner states that the Petitioner along with certain other individuals purchased a parcel of land falling in Khasra Nos. 442 and 443, from the earlier owner Sh. Sukhbir Singh, who was in possession of said parcel of land, ad-measuring 4 bigha and 1 biswa. He states that the possession of the said parcel of land was handed over to the purchasers including the Petitioner herein on 28.04.1987. He states that thereafter, the said parcel of land was partitioned between the purchasers; and the portion of land falling in Khasra No. 443 came under the control and possession of the Petitioner, wherein he has constructed the subject property. He states that in pursuance to the aforesaid, changes were carried out in Khasra Girdawari recording the Petitioner herein as the cultivator with rent.

4. He states that the Petitioner being aggrieved by the threats of demolition of the subject property by the Respondent, DDA, filed a civil suit for permanent injunction before this Court, wherein this Court vide its order dated 07.03.1990, directed the parties to maintain status quo with respect to Khasra Nos. 442 and 443. The said civil suit was subsequently transferred to the Civil Judge, West District, Tis Hazari Courts, Delhi (`Trial Court'). He states that the said suit was renumbered as C.S SCJ No. 7455/16 and was thereafter dismissed by the Trial Court vide its judgment dated 24.12.2021, holding that the Government of India is the recorded owner of the subject property and the Petitioner herein has failed to prove his title. The Trial Court declined the relief of permanent injunction.

5. He states that the Petitioner being aggrieved by the aforesaid decision dated 24.12.2021, preferred an appeal bearing RCA No. 7/2022, which also came to be dismissed vide order dated 24.08.2022, holding that the Petitioner herein has failed to prove his ownership. He states that no further appeal was filed against the said order dated 24.08.2022 and instead the present writ petition has been filed on 12.09.2022 for seeking an injunction against the Respondent, DDA.

6. He states that the present petition has been filed seeking protection against dispossession and demolition, relying upon the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (`Act of 2011') as the subject property falls in an unauthorised colony known as Khirki Extn., Colony Cariappa Marg, M.B. Road, New Delhi. He states that he relies upon the second amendment Act of 2021 i.e. the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2021, which has amended Section 1(4) of the Act of 2011 and has extended the protection to the residents of unauthorised colonies against any action, until 31.12.2023.

7. During the course of oral arguments, he relied upon an order dated 17.08.1998, passed by a Division Bench of this Court, in W.P.(C) No. 4771/1993, wherein the Court directed the Respondent to not undertake selective