Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Del) 905

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri, J
Ravi Kant Verma – Appellant
Versus
East Delhi Municipal Corporation – Respondent
W.P.(C) 2688/2020|REVIEW PET. 269/2022

Advocates:
For the Appellants/Petitioners: Javed Ahmad, Aakriti Aditya, Rajesh Sharma, A.P. Singh
For the Respondents: Namrata Mukim, Sakshi Saxena, Niharika Singh, Sanjay Katyal, Nitish Kumar Danda, Viplav Acharya, Laavanya Kaushik, Khyaali Bansal, P.N. Dhar, Noginder Benipal, Ankit Siwach, Udit Vaghela, Arjun Baliyan

A court will typically dispose of a review petition when the concerned municipal authority provides a formal undertaking to investigate allegations of public land encroachment and take appropriate action in accordance with the law upon verification of layout plans.

Headnote:The case involves a petition seeking a review of an order concerning alleged unauthorized construction and encroachment on public land. The petitioner contended that while certain construction might be protected under special laws, the encroachment on public land is not. The court observed that the municipal authority is coordinating with land development agencies to ascertain the status of the land and initiate action in accordance with law. The main issue pertains to whether the encroachment on public property requires immediate demolition or further investigation via layout verification. The court reasoned that since the municipal authority committed to taking action upon determining the extent of encroachment after verifying layout plans, no immediate intervention was required. The review petition was disposed of based on the statement made by the municipal counsel.

Table of Content
1. nature of the review petition filed against previous court order. (Para 1)
2. arguments concerning encroachment on public land and procedural status. (Para 2 , 3 , 4 , 5)
3. court disposes of the matter based on the municipal authority's undertaking. (Para 6)

REVIEW PET. 269/2022 (seeking review of order dated 26.07.2022 by petitioner)

1. The present review petition has been filed seeking review of the order dated 26.07.2022, whereby this Court disposed of the writ petition after noting the contents of the speaking order dated 10.03.2022 passed by the Quasi-Judicial Authority pursuant to the directions issued by the ATMCD in Appeal No. 186/2020 on 13.09.2021.

2. Learned counsel for the review petitioner submits that respondent No.5 has not only carried out unauthorized construction but has also encroached upon public land. He submits that while unauthorized construction may be protected under The Special laws, encroachment upon public land does not enjoy any such protection.

3. Ms. Namrata Mukim, learned counsel appearing for respondent Nos.1 and 2/MCD, submits that the matter is being pursued with the DDA and DUSIB for obtaining the layout plan of the subject property, i.e., Property No. A-127, Jhilmil Colony, Delhi, so as to ascertain the actual extent of encroachment, if any. She submits that communications in this regard have been addressed not only to the DUSIB but also to the Executive Engineer, PWD. She further submits that as soon as the extent of encroachment is determined, necessary action shall be taken in accordance with law without any delay.

4. At this stage, learned counsel for respondent No. 5 submits that the review petitioner himself is an encroacher on public land and has also preferred an appeal under Section 343(2) of the DMC Act before the ATMCD on 08.02.2024, seeking similar relief as sought by respondent No.5 in its own petition.

He further submits that the DUSIB has recommended regularization of the area to the Ministry of Housing and Urban Development, which is presently pending consideration.

5. Learned Standing Counsel for the MCD submits that, subject to the outcome of the aforesaid consideration, requisite steps shall be taken against any encroachment strictly in accordance with law.

6. In view of the statement made on behalf of the MCD, the present review petition is disposed of.

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2026 Supreme(Online)(Del) 905

IN THE HIGH COURT OF DELHI AT NEW DELHIManoj Kumar Ohri, JRavi Kant Verma – AppellantVersusEast Delhi Municipal Corporation – RespondentW.P.(C) 2688/2020|REVIEW PET. 269/2022

A court will typically dispose of a review petition when the concerned municipal authority provides a formal undertaking to investigate allegations of public land encroachment and take appropriate action in accordance with the law upon verification of layout plans.

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri, J
Ravi Kant Verma – Appellant
Versus
East Delhi Municipal Corporation – Respondent
W.P.(C) 2688/2020|REVIEW PET. 269/2022