Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4039/2026 & CM APPL. 19713/2026
MANDEEP MANN
.....Petitioner Through: Mr. Joginder Tuli, Ms. Joshini Tuli, Mr. Nishant Nishu, Advs.
versus
DELHI DEVELOPMENT AUTHORITY & ORS.
.....Respondent Through: Ms. Prabhsahay Kaur, SC for R1 Ms. Urvi Mohan, Adv/GNCTD
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 30.03.2026
CM APPL. 19714/2026
Allowed subject to all just exceptions. The application stands disposed of.
W.P.(C) 4039/2026
1. This is a writ petition filed under Article 226 of the Constitution of
India seeking the following prayers:- “a. Issue an appropriate Writ, Order or Direction, including a Writ of Mandamus/Prohibition or any other writ, restraining the Respondent No.1 (DDA) from carrying out or threatening any demolition activity at the Petitioner’s property situated at B- 005, Sadbhawna Cooperative Group Housing Society Ltd., Sector 11, Dwarka, New Delhi - 110075, without following due process of law.; and
b. Quash and set aside the Sealing-cum-Demolition Order
dated 30.01.2026 and all consequential actions taken by Respondent No. 1/DDA pursuant thereto; and c. Direct the Respondents to conduct an independent inquiry into the conduct of the officials responsible for arbitrary and mala fide actions against the Petitioner and the manipulation of inspection and demolition records; and d. Award costs and compensation to the Petitioner for harassment, mental agony, and loss caused due to illegal demolition activity;. . .”
2. Ms. Tuli, learned counsel for the petitioner, states that the petitioner is
aggrieved by the sealing-cum-demolition order dated 30.01.2026, wherein the flat of the petitioner is sought to be demolished due to illegal and unauthorised construction/encroachment. She states that the Principles of Natural Justice have been violated as no personal hearing has been granted.
3. Ms. Kaur, learned standing counsel for the respondent No. 1, states
that in the present case, the petitioner was the one who had made the complaint regarding illegal construction and unauthorised encroachment in Sadbhawna CGHS and when the respondent No. 1 sought to initiate action on the complaint of the petitioner, the petitioner has filed the present petition.
4. From the aforesaid, it is clear that the petitioner wants demolition of
unauthorized encroachment of flats of other occupants but not his own. The same cannot be permitted.
5. Since the only grievance of the petitioner is that no personal hearing
has been granted, the respondent No. 1 shall give a personal hearing to the petitioner before initiating action.
6. In view of the aforesaid, it is directed that the respondent No. 1 shall
issue Show Cause Notice highlighting the encroachment, illegal and unauthorised construction made by the petitioner. The petitioner shall then file a reply to the notice within two weeks from the date of receipt of notice.
7. Thereafter, the petitioner shall be given a personal hearing and a
speaking order shall also be passed.
8. Only thereupon, action in accordance with law should be undertaken.
9. With these directions, the petition is disposed of.
10. The petitioner is also cautioned to not to file documents such as
Annexure-P-6 which is an unsigned and different site inspection report as the one originally existing in the records of respondent No. 1.
11. The action of the respondent No. 1 was in compliance of the Orders
passed by the Court as well as in furtherance of the complaint of the petitioner.