$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 10.03.2026 Judgment Delivered on: 16.03.2026 + W.P.(C) 6004/2021 CM APPL. 18987/2021, CM APPL.

20912/2021, CM APPL. 27197/2021, CM APPL. 18827/2023, CM APPL. 28077/2024, CM APPL. 14292/2025 & CM APPL.

48225/2025 MILA SEN AND ORS. .....Petitioners Through: Mr. Fahim Khan, Advocate.

versus DELHI DEVELOPMENT AUTHORITY AND ORS .....Respondents Through: Mr. Giriraj Subramanium, Ms.

Avantika Singh and Mr. Ravi Pathak, Advocates for R3.

Mr. Gaurav Gupta, Ms. Ridhima Purohit, Mr. Tapas Gaur and Ms.

Avisha Jain, Advocates for R4.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J

1. The present petition has been filed seeking following reliefs:

“i. Pass appropriate orders/directions thereby, directing the Respondents to stop the construction in south portion of building of the petitioners;

ii. Pass/issue appropriate writ/directions/orders holding the e-auction dated 25.06.2019 of Plot No. 04 held by respondent no.1 as illegal since the same is carved out by including 'public land' i.e. the back lane of the said property and thereby quashing/cancelling the e-auction of Plot No. 04 in Pocket O, C.R. Park by respondent no. 1 in favour of respondent no. 3;

iii. Pass/issue appropriate writ/directions/orders holding the modified layout plan of Pocket O, C.R. Park dated 03.12.1990 is in contravention to the law of the land and thereby quashing/cancelling the modified layout plan of Pocket O, C.R. Park approved by the 65^thScreening Committee meeting held on 03.12.1990 vide item no. 03, to the extent that it restores the backlane of the said property belonging to the petitioners”

2. The case set out by the petitioners in the amended petition is that petitioner no.1 is a senior citizen, who owns the ground floor of property bearing no. Plot No.2, Pocket-O, Chittaranjan Park, New Delhi-110019 [hereinafter also referred to as ‘said property’] and residing therein for the past 21 years with her husband. Petitioner no.2 is the son of petitioner no.1, who is a tenant on the first floor of the said property. The said property admeasures 124.85 sqr.yrds and was originally purchased in an auction by Smt. Ranjeeta Sinha from the Delhi Development Authority (DDA) on leasehold basis. The registered perpetual lease deed dated 01.06.1993 shows that the said propertyis bounded as under:

NORTH - Road EAST - Plot No.O-1 SOUTH - Lane WEST - Plot No.O-3

3. The allotment of said property was made in favour of Smt. Ranjeeta Sinha after the modification of original layout plan of Chittaranjan Park (C.R. Park) approved in the 65^th Screening Committee Meeting held on 03.12.1990 as item no.03, wherein, as per modified layout plan, total 10 number of plots were carved out instead of originally proposed 18 number of plots. Thereafter, the said property was allotted to the original allottee namely, Smt. Ranjeeta Sinha, vide allotment letter dated 30.09.1991, possession thereof was handed over on 29.03.1993 and the lease deed was executed on 01.06.1993.

4. The original allottee sold the said property to one M/s Sentinels Security Pvt. Ltd., who in turn sold to Shri Sanjay Navanay vide Agreement to Sell and GPA dated 23.08.1999.

5. Shri Sanjay Navanay constructed a building on the said property after getting the plan sanctioned from the concerned authorities and got the property converted from leasehold to freehold vide registered conveyance deed dated 05.05.2000.

6. Petitioner no.1, after considering that the said property has sufficient open space with air ventilation and sunlight from front and back along with exposure of sunlight, purchased the ground floor of the said property from Shri Sanjay Navanay vide registered sale deed dated 15.07.2000.

7. It is the further pleaded case of the petitioners that petitioner no.1 along with her family has resided in the ground floor of the said property ever since it was purchased i.e. for the past 21 years.

8. It is also stated in the petition that as per the origi