Dargha Najeebuddin Firdousi vs Delhi Devlopment Authority

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2023 Supreme(Del) 5785

SATISH CHANDRA SHARMA, SANJEEV NARULA
Dargha Najeebuddin Firdousi – Appellant
Versus
Delhi Devlopment Authority – Respondent

Advocates appeared:
Mr. Samrat Nigam, Advocate and Mr. Amit Punj, Advocate, Mr. Ankit Jain, Advocate, Mr. Vidit Gupta, Advocate, Mr. Aditya Chauhan, Advocate and Mr. Chetan Singh, Advocate, Ms. Smita Maan, Advocate and Mr. Vishal Maan, Advocate, M.S. Khan, Mr. Daniyal Ayyuri, Advocate and Mr. M. Arshya, Advocate, Mr. Kamlesh Kr. Mishra, Advocate, Mr. Aditya, Advocate, Ms. Anjani Kr. Mishra, Advocate and Mr. Bibhuti Bhushan Mishra, Advocate, Mr. Ashish Dholakia, Senior Advocate with Mr. Kotla Harshvardhan, Advocate, Mr. Divyanshu Rai, Advocate, Ms. Rishbita Arora, Advocate, Mr. Arpit Kumar, Advocate and Mr. Vishal, Advocate, Mr. Amresh bind, Advocate, Ms. Tusharita Sharma, Advocate and Ms. Richa Kapoor, Advocate, Mr. Anshuman Upadhyay, Advocate and Mr. Naseem, Advocate, Mr. Sidhant Kumar, Advocate, Mr. Shivankar Rao, Advocate, Ms. Manyaa Chandok, Advocate, Ms. Muskaan Gopal, Advocate and Ms. Vidhi Udayshankar, Advocate, Ms. Garima Prashad, Senior Advocate with Ms. Roohe Hina Dua, Advocate, Mr. Harshit Khanduja, Advocate, Mr. Manish Gupta, Advocate, Mr. Govil Upadhyaya, Advocate and Mr. Kapil Dev Yadav, Advocate, Mr. Varun Singh, Advocate, Mr. Himanshu Yadav, Advocate, Ms. Kajal Gupta, Advocate, Ms. Somesha Gupta, Advocate, Mr. Ytharth Kumar, Advocate, Ms. Alankriti Dwivedi, Advocate, Ms. Smriti Wadhwa, Advocate and Ms. Pankaj Kumar Modi, Advocate, for the Appellant; Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha, Advocate, Mr. M.S. Akhtar, Advocate, Ms. Rini V. Tigga, Advocate and Ms. Nidhi Thakur, Advocate, Ms. Shobhana Takiar, Advocate, Ms. Kritika Gupta, Advocate and Mr. Kuljeet Singh, Advocate, Mr. Sanjay Katyal, SC with Mr. Chand Chopra, Advocate, Ms. Devika Mohan, Advocate and Mr. Nikhil Singh, Advocate, Mr. Divyam Nandrajog, Panel Counsel-GNCTD with Mr. Divyam Kamra, Advocate, Mr. Tushar Sannu, SC for MCD with Mr. Abhishek Singh, Advocate, Mr. Harshal Arora, Advocate for BSES, Mr. Ajay Digpaul, SC for MCD with Ms. Swati Kwatra, Ms. Ishita Pathak and Mr. Kamal Rattan Digpaul, Advocate, Mr. Tanmay Mehta, Advocate, Mr. Hemant Shah, Advocate, Mr. Akshay Rana, Advocate and Mr. Himanshu Yadav, Advocate, Mr. Virender Pratap Singh Charak, Advocate, Mr. Pushpender Singh Charak, Advocate, Ms. Shubhra Parashar, Advocate and Ms. Pinki Yadav, Advocate, Ms. Mehak Nakra, ASC (Civil) with Mr. Abhishek Khari, Advocate and Ms. Disha Choudhary, Advocate for GNCTD, Mr. Sandeep Tyagi, Advocate and Mr. Rishikesh Kumar, ASC GNCTD with Ms. Sheenu Priya, Advocate, Mr. Sudhir Kumar Shukla, Advocate, Mr. Muhammad Zaid, Advocate, Mr. Sudhir, Advocate and Mr. Sumit Choudhary, Advocate for GNCTD, Mr. Abhinav Singh, Advocate, Ms. Swega Agarwal, Advocate, Mr. Rajat M. Dwivedi, Advocate and Ms. Bhavi Garg, Advocate, Ms. Rachita Garg, Advocate for GNCTD and Mr. Vineet Dhanda, Advocate, for the Respondent.

JUDGMENT

Sanjeev Narula, J. - Asserting their claim of ownership over properties purportedly falling in khasra No. 1151/3 of Village Mehrauli, New Delhi, the Petitioners have raised a challenge to the demolition process of removing encroachments upon the Mehrauli Archaeological Park, New Delhi ["Park"], being undertaken by Delhi Development Authority ["DDA"] to protect and preserve the Park's heritage. The Petitioners' primary grievance is that DDA's demolition order targets unauthorized occupations specifically in the vicinity of Village Ladha Sarai, rather than Village Mehrauli. Consequently, they argue that such orders should not extend to, nor affect, their properties.

2. During the course of proceedings, it came to the Court's attention that there are several petitions pending on the subject matter at hand before the Bench of Single Judge of this Court. Additionally, this Bench is concurrently considering a Public Interest Litigation ["PIL"], W.P.(C) 4302/2015 that has significant relevance to the ongoing demolition operations conducted by the DDA. Thus, in order to avoid any conflicting directions and also given the commonality and overlap in the issues and contentions urged in

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2023 Supreme(Del) 5785

SATISH CHANDRA SHARMA, SANJEEV NARULADargha Najeebuddin Firdousi – AppellantVersusDelhi Devlopment Authority – Respondent

SATISH CHANDRA SHARMA, SANJEEV NARULA
Dargha Najeebuddin Firdousi – Appellant
Versus
Delhi Devlopment Authority – Respondent