H K Gaur vs Delhi Development Authority (Dda) & Ors.

Type Court Judgment Court Delhi Decided Feb 18, 2026

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https://sooperkanoon.com/case/1275226

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Citation: sooperkanoon.com/1275226
Court: Delhi High Court
Judge: Hon'Ble Mr. Justice Jasmeet Singh
Decided On: Feb 18, 2026
Case Number: W.P.(C)/1012/2026
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

H K Gaur

Advocate Mr. Sabyasachi Mishra, Ms. Frankey Sharma

Respondent

Delhi Development Authority (Dda) & Ors.

Advocate Mr. Rohit Kathuria, Mr. Harshit Sharma, Ms. Shahana Farah, Mr. Abhigyan, Ms. Reya Paul, Ms. Amruta Padhi, Ms. Nidhi Singh, Ms. Paul

Excerpt

.....reliefs: i. “ issue a writ of mandamus or any other appropriate writ,order ordirection directing respondent nos. 1 and 2 toimmediately inspect the site at flats no. 315-a & 315-b, j & k pocket, dilshad garden, delhi, and to take statutoryaction under sections 343, 344, and 345of the dmc act, include g demolition of illegal /unauthorized constructions; (main prayer) ii. direct respondent nos. 1 and 2 to file a detailed status report indicating the steps taken on the petitioner’s complaints dated 28.11.2025 and 29.11.2025; iii. direct the respondents to ensure that no further construction is carried out at the said premises without proper sanction andapproval; iv. direct initiation of penal proceedings against the violatorsrespondents no. 3 and 4 or their agents, sub-agents, attorneys, assignees, successors, legal representatives) under the dmc act and relevant building bye-laws; (write provisions of the dmc act for penal proceedings)…”2. learned counsel for the petitioner states that there is a large scaleillegal and unauthorized construction in the adjoining property, namely, flat no. 315a and 315b and despite repeated requests and complaints of the petitioner, no action has been taken.3. mr. kathuria, learned counsel appears on behalf of respondent no. 2, ms. paul, learned counsel appears on behalf of ms. farah, learned asc for respondent no. 1.4. it is stated by mr.kathuria, learned counsel that there is no ongoingillegal construction happening today. however, the petition can be disposed of by directing the respondents to hear the petitioner and dispose of his complaints regarding illegal and unauthorized construction.5. the respondents shall pass a speaking order after hearing all theconcerned parties and if there is any illegal and unauthorized construction, appropriate action shall be taken in accordance with law expeditiously and not later than 8 weeks from today.6. the petitioner will be entitled to revive the petition in case no action is.....

Full Judgment

* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1012/2026 & CM APPL. 4907/2026, CM APPL. 4908/2026, CM APPL. 4909/2026, CM APPL. 4979/2026 H K GAUR .....Petitioner Through: Mr. Sabyasachi Mishra, Ms. Frankey Sharma, Advs.
versus
DELHI DEVELOPMENT AUTHORITY (DDA) & ORS. .....Respondent Through: Mr Rohit Kathuria, Mr Harshit Sharma, Advs. for R-2/MCD Ms. Shahana Farah, Addl. Standing Counsel with Mr. Abhigyan, Ms. Reya Paul, Ms. Amruta Padhi, Ms. Nidhi Singh, Advs. for DDA Ms. Paul, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH

ORDER

% 18.02.2026

1. This is a writ petition filed under Article 226 and 227 of the Constitution of India seeking the following reliefs: I. “ Issue a writ of mandamus or any other appropriate writ,

order ordirection directing Respondent Nos. 1 and 2 to

immediately inspect the site at Flats No. 315-A & 315-B, J & K Pocket, Dilshad Garden, Delhi, and to take statutory

action under Sections 343, 344, and 345of the DMC Act, include g demolition of illegal /unauthorized constructions; (main prayer) II. Direct Respondent Nos. 1 and 2 to file a detailed status report indicating the steps taken on the Petitioner’s complaints dated 28.11.2025 and 29.11.2025; III. Direct the Respondents to ensure that no further construction is carried out at the said premises without proper sanction andapproval; IV. Direct initiation of penal proceedings against the violatorsRespondents No. 3 and 4 or their agents, sub-agents, attorneys, assignees, successors, legal representatives) under the DMC Act and relevant Building Bye-laws; (write provisions of the DMC act for penal proceedings)…”

2. Learned counsel for the petitioner states that there is a large scale

illegal and unauthorized construction in the adjoining property, namely, Flat No. 315A and 315B and despite repeated requests and complaints of the petitioner, no action has been taken.

3. Mr. Kathuria, learned counsel appears on behalf of respondent No. 2, Ms. Paul, learned counsel appears on behalf of Ms. Farah, learned ASC for respondent No. 1.

4. It is stated by Mr.Kathuria, learned counsel that there is no ongoing

illegal construction happening today. However, the petition can be disposed of by directing the respondents to hear the petitioner and dispose of his complaints regarding illegal and unauthorized construction.

5. The respondents shall pass a speaking order after hearing all the

concerned parties and if there is any illegal and unauthorized construction, appropriate action shall be taken in accordance with law expeditiously and not later than 8 weeks from today.

6. The petitioner will be entitled to revive the petition in case no action is taken by the respondent.

7. The respondent No. 2 shall also ensure that the drainage pipes of the petitioner are not blocked in any way or manner. JASMEET SINGH, J FEBRUARY 18, 2026/sp

Same Court & Year Delhi · 2026 Same Parties H K Gaur vs Delhi Development Authority (Dda) & Ors. Same Subject Education Same Judge Hon'Ble Mr. Justice Jasmeet Singh