JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)

1. The present writ petition has been filed with prayer for directions for quashing and setting aside the impugned Order No.SDM/KH/2022/52686 and Order No.SDM/KH/2022/52963 dated 04.08.2022 and 05.08.2022 respectively.

2. By way of the said orders dated 04.08.2022 and 05.08.2022, the SDM/Revenue Assistant (Kapashera) has held that there is encroachment on the phirni road of Village Shikarpur, New Delhi. The said letters set forth that demarcation was carried out by the concerned Revenue staff through Total Station Method (TSM). During demarcation proceedings, it was found that there was encroachment over the phirni road. Thus, the demolition order was passed by SDM, Kapashera wherein it was directed that in order to remove encroachment from road/Gram Sabha land, demolition drive has been fixed.

3. Mr. Sanjay Poddar, learned senior counsel appearing for the petitioners submits that the impugned orders refer to demarcation order, qua which no hearing was ever given to the petitioners.

4. Attention of this Court is drawn to the Notice dated 12.03.2019 issued by the Tehsildar (Kapashera). It is submitted that as per