IN THE HIGH COURT OF DELHI AT NEW DELHI
VIJAY KUMAR DIWAKAR – Appellant
Versus
SOUTH DELHI MUNICIPAL CORPORATION & ORS – Respondent
W.P.(C)-5751/2014
$~2(SDB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28th March, 2026 Uploaded on: 02nd April, 2026 + W.P.(C) 5751/2014 & CM APPLs. 14183/2014, 19236/2018, 12347/2022, 12348/2022 VIJAY KUMAR DIWAKAR .....Petitioner Through: Mr. Rajiv Kumar Ghawana, Mr.
Vikalp Chardela and Mr. Shivam Chaudhary, Advs.
versus SOUTH DELHI MUNICIPAL CORPORATION & ORS. .....Respondents Through: Ms. Prabhsahay Kaur, SC, DDA with Ms. Deeksha L. Kakar, Ms. Sana Parveen, Mr. Aditya Verma, Mr. Bir Inder Singh, Advs. along with Mr. Dhamesh Garg and Mr. Durganand Minj, AD/DDA/LM for DDA.
Mr. Bhagvan Swarup Shukla CGSC with Mr. Sarvan Kumar, Mr. Mukesh Pandey, Advs. for UOI.
Mr. Anubhav Gupta, Panel Counsel ( Civil) / GNCTD, Mr. Siddharth Arora, Mr. Kartik Sharma, Advocates. CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. Onthe lastdate of hearing, i.e.,27th February,2026,this Courtpassed the following directions:
“6. In the opinion of this Court, the ultimate decision is that of the Government of National Capital Territory of Delhi (hereinafter, ‘GNCTD’) as to the manner in which the Zone ‘O’ is to be made free from unauthorised occupation and encroachment.
7. Accordingly, this Court directs Chief Secretary, GNCTD to hold a meeting with officials from the Municipal Corporation of Delhi, DDA and anyotheragenciesasmayberequiredinordertocome up with a comprehensive plan as to the manner in which the unauthorised colonies can be removed from Zone ‘O’ completely, so that the river bed of the Yamuna is free from pollution which is caused due to untreated water and untreated sewage from these colonies going directly into the river.
8. In fact, it is submitted on behalf of the DDA that no document registration is being permitted in any of these colonies as the same are located in Zone ‘O’.
9. The said meeting shall be held by the Chief Secretary, GNCTD by 15th March, 2026 and the report shall be filed before this Court by 28th March, 2026.”
3. Today, Minutes of the Meeting dated 25th March, 2026 have been placed before the Court. The same has also been served upon ld. Counsel for the Petitioner. The decision/action plan in terms of the said Minutes of the Meeting are as under:-
“MINUTES OF MEETING A meeting was held under the Chairmanship of Chief Secretary, GNCTD on 10.03.2026 at 03:00 PM at Chief Secretary ConferenceRoom, 5th Level, Delhi Secretariat, New Delhi-110002, in compliance with the directions of the Hon'ble High Court of Delhi dated 27. 02. 2026 in WP (C) No 5751/2014 titled "Vijay Kumar Diwakar vs. SDMC & Ors." regarding removal of unauthorized colonies from Zone-O.
The meeting was attended by the officers of following Offices.-
1. Commissioner, Municipal Corporation of Delhi.
2 Secretary-cum-Divisional Commissioner, Revenue Department, GNCTD
3. Principle Secretary, Law, GNCTD.
4. Secretary, Urban Development Department, GNCTD
5. Secretary, Environment & Forest, GNCTD.
6. DEO, DUSIB, GNCTD.
7. ACEO, Delhi Jal Board, GNCTD
8. Sr. Officers of Delhi Development Authority.
The List of participants in the meeting is annexed as Annexure-A.
The meeting deliberated in detail on the issue of unauthorized constructions and encroachments in Zone- O. After extensive discussions, the following Decisions / Action Plan is proposed for dealing with unauthorized colonies in Zone-O:
1. DDA being the primary land-owning and caretaker agency in respectof Zone-O shall immediately undertake and complete the second phase of drone survey of the area to assess the latest status of unauthorized constructions and encroachments and to prevent any further unauthorized construction in Zone-O.
Itwasalsoobserved,asnotedbytheHon'bleHighCourt, that the unauthorized colonies in Zone-O could not have come up overnight and that such unauthorized developments have taken place despite Zone-O being a prohibited area for development.
DDA informed that the first phase of the drone survey in Zone-O has a
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.