$~223 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 07.04.2026 + CONT.CAS(C) 568/2026 CHANDRA SHEKHAR .....Petitioner Through: Mr. Rohit Sharma, Mr. Rounak Ramakrishna and Mr. Nikhil Purohit, Advs. versus S.K. MEENA AND ORS .....Respondents Through: Mr. M. S. Oberoi, SC, Ms. Saguna Sinha, Adv. for R-1 to 3.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL CM APPL.22222/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CONT.CAS(C) 568/2026

3. The present petition has been filed by the petitioner alleging wilful disobedience of the directions contained in the judgment/ order dated

30.07.2025, passed by this Court in W.P.(C) No. 11207/2025.

4. The controversy revolves around the directions contained in the aforesaid order pertaining to property bearing Municipal No.103-G, Khasra No.109/1, Zamrudpur Village, New Delhi, (hereinafter “subject property”)

owned and possessed by the petitioner.

5. It is the case of the petitioner that his title/ ownership over the subject property stands affirmed by a judgment and decree dated 28.02.2012, passed by the ADJ-03, South District, Saket Courts, New Delhi in RCA No.01/2010.

6. Subsequently, the Zamrudpur Resident Welfare Association filed a Writ Petition bearing W.P.(C) No. 8286/2025 alleging that the aforesaid property is an encroachment on public street. Vide order dated 30.05.2025 passed in W.P.(C) 8286/2025, it was held as follows:

“1. The present writ petition has been filed by the Zamrudpur Resident Welfare Association representing the residents of Village Zamrudpur, Opp. Lady Shri Ram College, New Delhi–110048, seeking directions to respondent no.1-Municipal Corporation of Delhi (“MCD”), to take action against the encroachment and unauthorized construction having been raised by respondent nos. 2 to 5.

2. Learned counsel appearing for the petitioner submits that various representations have been made to the concerned authorities, but till date no action has been taken.

3. He submits that respondent nos. 2 and 3 have made encroachments in property no. 103-G, Khasra No. 109/1, Village Zamrudpur, New Delhi-

110048.

4. Learned counsel appearing for the petitioner draws attention of the Court to Annexure P-2 to submit that the yellow portion is the extent of encroachment done by respondent nos. 2 and 3, while the red portion shows the original area of the property in question. The said site plan attached as Annexure P-2 is reproduced as under:-

5. Responding to the same, learned counsel appearing for respondent no.1/

MCD, submits that qua the property in question, there have been multiple litigations.

6. He submits that an appeal is already pending before the learned Appellate Tribunal MCD (ATMCD), which is next listed on 1 August, st

2025. He further submits that demolition order and sealing orders have already been passed with respect to the property in question.

7. At this stage, learned counsel appearing for the petitioner submits that the proceedings before the learned ATMCD are qua the unauthorized construction and not the encroachment.

8. Considering the submissions made before this Court, since it is the case of the MCD that demolition and sealing proceedings have already been initiated with respect to the property in question, it is directed that in case the issue of encroachment has not been taken cognizance of by the MCD, the same shall also be considered by the MCD.

9. The MCD is directed to inspect the property in question, and assess whether any encroachment is existing therein. In case any encroachment is found to exist, requisite action shall be taken following the due process of law.

10. With the aforesaid directions, the present writ petition along with the pending applications, stands disposed of.”

7. The aforesaid order directs the Municipal Corporation of Delhi (MCD) to inspect the petitioner’s property and assess whether any encroachment is existing therein. Directions were further issued to the effect that in case an