W.P.(C)/372/2022 of SHANTI KUNJ MAIN RESIDENTS WELFARE SOCIETY Vs GOVERNMENT OF NCT OF DELHI & ORS.

$~25 & 26

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 4379/2021

M/S SHANTI KUNJ (MAIN) RESIDENTS WELFARE SOCIETY(REGD.).....Petitioner(REGD.).....Petitioner

versus

SOUTH DELHI MUNICIPAL CORPORATION

& ORS.

.....RespondentsThrough:Ms. Richa Dhawan, SC and Mr. AnujChaturvedi,SCwithMr.AgamRajput, Adv. for MCDMr. Sameer Abhyankar, Mr. KrishnaRastogi and Mr. Aryan Srivastva,Advs. for R-7 to 9Mr. Vijay Kinger, Ms. Roopa Nagpal,Mr.AshwaniGehlotandMr.Abdhesh Kumar, advs. for R-8Mrs. Avnish Ahlawat, SC with Ms.AlizaAlamandMr.MohnishSehrawat, Advs. for R-2Mr. Aman Nandrajog and Mr. GaganJaglan, Advs. for R-4Chaturvedi,SCwithMr.AgamRajput, Adv. for MCDMr. Sameer Abhyankar, Mr. KrishnaRastogi and Mr. Aryan Srivastva,Advs. for R-7 to 9Mr. Vijay Kinger, Ms. Roopa Nagpal,Mr.AshwaniGehlotandMr.Abdhesh Kumar, advs. for R-8Mrs. Avnish Ahlawat, SC with Ms.AlizaAlamandMr.MohnishSehrawat, Advs. for R-2Mr. Aman Nandrajog and Mr. GaganJaglan, Advs. for R-4

+W.P.(C) 372/2022SHANTI KUNJ MAIN RESIDENTS WELFARESOCIETY

.....Petitioner

Through:Mr.AaditiyaVijayKumar,Ms.Akshita Katoch and Mr. P. Kannan,Akshita Katoch and Mr. P. Kannan,

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Advs.

versus

GOVERNMENT OF NCT OF DELHI & ORS......Respondents

CORAM:HON'BLE MS. JUSTICE MINI PUSHKARNA

O R R%16.09.2025

1.W.P.(C)4379/2021hasbeenfiledseekingdirectionstotherespondents to stop and remove the unauthorized construction at Plot No.40, Shanti Kunj Main, Church Road, Delhi-110070 and Plot No. 98A/98,Shanti Kunj, Vasant Kunj, Delhi-110070.

2.Writ petition being W.P.(C) 372/2022 has been filed seeking todirections to the respondents to take possession of the lands under the hightension wires, being government land, which are incapable of being sold andused for private purposes.

3.This Court notes that the present petitions have been pending foralmost four years and various Status Reports have been filed with respect tovarious actions that have been taken on behalf of the Municipal Corporation

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of Delhi (“MCD).

4.Status Report dated 10[th]September, 2021 on behalf of MCD filed,with regard to the action taken, reads as under:

“xxx xxx xxx

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

xxx xxx xxx”

5.The further Status Report dated 03[rd]August, 2022 filed by the MCDin this regard, is reproduced as under:

“xxx xxx xxx

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

xxx xxx xxx”

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

6.Further additional Status/Action Taken Report dated 06[th]January,2023, filed on behalf of the MCD, is reproduced as under:“xxx xxx xxx2023, filed on behalf of the MCD, is reproduced as under:“xxx xxx xxx

xxx xxx xxx”

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7.Further Action Taken/Status Report dated 04[th]December, 2023 filedon behalf of the MCD, reads as under:“xxx xxx xxx

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xxx xxx xxx”

8.Another Status Report dated 24[th]August, 2024 filed on behalf of theMCD, is reproduced as under:

“xxx xxx xxx

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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xxx xxx xxx”

9.Yet another Status Report dated 23[rd]September, 2024 has been filedon behalf of MCD, relevant portions of which, are reproduced as under:

“xxx xxx xxx

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This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 17/09/2025 at 14:37:19

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xxx xxx xxx”

10.Considering the aforesaid Status Reports, it is evident that regularaction is being taken by the MCD.

11.At this stage, learned counsel appearing for respondent nos. 5 to 7 inW.P.(C) 4379/2021, submits that for purposes of taking action againstproperties which exist under high tension wires, due procedure underElectricity Act, 2003, needs to be followed.

12.Learned counsel appearing for respondent no. 4 in W.P.(C) 4379/2021draws the attention of this Court to the reply filed on behalf of DelhiTransco Limited (“DTL”) to submit that it is the stand of DTL itself that theproperty of respondent no. 4 is not in the right of way of the high tensionwires.

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13.Considering the submissions made before this Court, it is directed thatthe requisite action shall be taken by the concerned authorities afterfollowing the due procedure, in accordance with law.

14.If required so, requisite notices shall be issued by the concernedauthorities to the affected parties, who shall be granted opportunity ofhearing.

15.Requisite orders shall be passed by the concerned authorities afterhearing the affected parties, and any requisite action that is to be taken shallbe taken only, thereafter.

16.This Court expects that the requisite action shall be taken by theconcerned authorities, within time bound manner, preferably, within aperiod of six months from today.

17.In case any of the parties is aggrieved by any action or non-action ofthe concerned authorities, they have the liberty to seek remedies, inaccordance with law.

18.All the rights and contentions of the parties are left open to be takenup in relevant proceedings.

19.Noting the aforesaid, the present writ petitions, along with thepending applications, stand disposed of.

SEPTEMBER 16, 2025/KR

MINI PUSHKARNA, J