W.P.(C)/13415/2026 of MRS SUMAN GARG & ANR. Vs GOVT OF NCT OF DELHI & ORS. on 30 September 2026

O R D E R

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30.09.2026

1. By way of the present petition under Article 226 of the Constitution, the petitioners seek a direction to the respondents to carry out demarcation of land bearing Khasra Nos. 98/10 (2 Bigha-6 Biswa), 98/2/9 (2 Bigha-5 Biswa) and 98/1 (2 Bigha), situated in the Revenue Estate of Village Alipur, New Delhi.

2. By order dated 15.09.2026, the Municipal Corporation of Delhi [“MCD”] and the Delhi Development Authority [“DDA”] were also impleaded as parties to the present writ petition. The Government of National Capital Territory of Delhi [“GNCTD”], MCD and DDA are all represented today.

3. The admitted position is that the village in question was urbanised vide notification dated 16.05.2017 issued under Section 507 of the Delhi Municipal Corporation Act, 1957. The question that, therefore, arises is as to which agency is responsible for undertaking the demarcation exercise.

4. I am informed that this question of jurisdiction is presently pending consideration before the Full Bench in Original Reference No. 1/2024.

5. Pending a final decision by the Full Bench, this Court has, in similar cases, directed the concerned agencies to jointly undertake the demarcation exercise, so that the process is not held up on account of the pendency of the aforesaid reference. Reference may be made, in this regard, to the orders passed by this Court in Luv Nagpal & Anr. v. Govt. of NCT of Delhi1, and Rajender Singh & Anr. v. SDM Revenue Assistant Mehrauli2, wherein similar directions were issued.

6. Mr. Lalltaksh Joshi, learned counsel for GNCTD and Ms. Kamakshi Sehgal, learned counsel for DDA submit that the present writ petition may also be disposed of on the same terms. Ms. Ishika Parihar, learned counsel for MCD, however, submits that MCD is not the agency responsible for carrying out the demarcation.

7. The very purpose of the aforesaid orders is to obviate jurisdictional hurdles pending the decision of the Full Bench. In these circumstances, I am of the view that all the concerned agencies may be directed to cooperate in carrying out the demarcation exercise.

8. The writ petition, alongwith any pending applications, is 1 W.P.(C) 13567/2025, decided on 03.09.2025. 2 W.P.(C) 14600/2025, decided on 08.10.2025.

accordingly, disposed of with a direction to the respondents to jointly undertake the demarcation exercise in the presence of the petitioners or their representatives. The demarcation may be carried out through a third- party agency, if considered necessary, and the expenses thereof shall be borne by the petitioners.

9. The aforesaid exercise shall be completed within a period of three months from today.

10. It is made clear that the aforesaid directions shall remain subject to any orders passed by the Full Bench in Original Reference No. 1/2024. It is further clarified that this order is being passed without prejudice to the rights and contentions of the respondents in the said reference. PRATEEK JALAN, J SEPTEMBER 30, 2026 SS/SD/