Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 9 Civ Suit 266/26
Premwati And Ors
Vs.
Municipal Corporation of Delhi MCD
06.06.2026
Present: Sh. Mohit Bansal and Sh. Neeraj Khatana, Ld.
counsels for plaintiff.
Ms. Dipika Kumari, Ld. counsel for defendant no. 1
& 2/MCD.
Sh. Lokesh Sharma, AE/Project Engineer/Defendant
no. 2.
Sh. Anil Kumar, Data Entry Operator from office of
SDM Karawal Nagar.
Fresh vakalatnama filed on behalf of
defendant/MCD, taken on record.
Copy of paper book supplied to defendant nos. 1 &
2.
It is submitted by Ld. counsel for plaintiff that vide
letter dated 07.05.2026, SDM Karawal Nagar has requested the
Deputy Commissioner, MCD Shahdara Zone for providing the
reconciled TSM survey drawing of Karawal Nagar Road which
has not been received in the office of SDM till date. It is further
submitted that unless and until, the TSM survey drawing is
available with authority, then they cannot ascertain whether there
is actually some encroachment or not and if there is
encroachment, then what is the quantum of encroachment, which
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needs to be removed. Ld. counsel further submitted that only on
the basis of this communication letter dated 07.05.2026 between
SDM Karawal Nagar and Deputy Commissioner, MCD Shahdara
Zone, the AE concern has started the encroachment removal
programme vide notice dated 08.05.2026, whereas, the notice
dated 08.05.2026 should have been issued on the basis of
reconciled TSM survey drawing of Karawal Nagar.
It is apprised by defendant no. 2/AE/Project
Engineer that they have not received any TSM survey drawing of
Karawal Nagar Road till date and has started the drive of
removing the encroachment only on the basis of communication
letter dated 07.05.2026 between SDM Karawal Nagar and
Deputy Commissioner, MCD Shahdara Zone. It is further
submitted that they need time to go through their record and
undertake not to take action against the suit property mentioned
in the plaint.
Perusal of record shows that the submissions made
by Ld. counsel for plaintiff holds water which is further fortified
by the submissions on behalf of defendant nos. 1 & 2. The
defendants do not have the reconciled the TSM survey drawing
of Karawal Nagar Road with them and despite that they have
started demolishing the suit property. Defendants sought some
time to go through the TSM survey drawing of Karawal Nagar
Road.
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In the meantime, defendants are hereby restrained
from carrying the encroachment removal programme for Lal
Dora Properties of:-
1. Plaintiff no.1 bearing Khasra No. 261, Village
Karawal Nagar, Delhi described in show cause
notice no.EE(Pr)SHAH(N)-26-27/D-285 dated
08.05.2026;
2. Plaintiff no.2 bearing Plot No. 7(A26), Khasra
No.5/2, Rama Garden, Village Karawal Nagar,
Delhi;
3. Plaintiff no.3 bearing Khasra No. 274, Village
Karawal Nagar, Delhi described in show cause
notice no.EE(Pr)SHAH(N)-26-27/D-281 dated
08.05.2026;
4. Plaintiff no.4 bearing Khasra No. 274,Village
Karawal Nagar, Delhi described in show cause
notice no.EE(Pr)SHAH(N)-26-27/D-280 dated
08.05.2026;
5. Plaintiff no.5 bearing Khasra No. 40/12/2,
Village Karawal Nagar, Delhi described in
show cause notice no. EE(Pr)SHAH(N)-26-
27/D-298 dated 08.05.2026;
6. Plaintiff no. 6 bearing Khasra No. 272 &
29/16/2, Village Karawal Nagar, Delhi
described in show cause notice no.
EE(Pr)SHAH(N)-26-27/D-336
	dated
08.05.2026;
7. Plaintiff no. 7 bearing Khasra No. 38/12/1,
Village Karawal Nagar, Delhi described in
show cause notice no.EE(Pr)SHAH(N)-26-
27/D-308 dated 08.05.2026;
8. Plaintiff no. 8 bearing Khasra No. 279, Village
Karawal Nagar, Delhi described in show cause
notice no.EE(Pr)SHAH(N)-26-27/D-334 dated
08.05.2026;
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9. Plaintiff no. 9 bearing Khasra No. 278, Village
Karawal Nagar, Delhi described in show cause
notice no.EE(Pr)SHAH(N)-26-27/D-332 dated
08.05.2026;
10. Plaintiff no. 10 bearing Khasra No. 40/1/2,
Village Karawal Nagar, Delhi described in
show cause notice no. EE(Pr)SHAH(N)-26-
27/D-299 dated 08.05.2026;
11. Plaintiff no. 11 bearing Khasra No. 260 & 262,
Village Karawal Nagar, Delhi described in
show cause notices no.EE(Pr)SHAH(N)-26-
27/D-284, EE(Pr)SHAH(N)-26-27/D-286 &
EE(Pr)SHAH(N)-26-27/D-287, all dated
08.05.2026.
Matter is adjourned for filing of WS by defendants
within prescribed period with advance copy of the same to the
plaintiff against proper receiving and for reply/arguments on an
application u/o 39 Rule 1 & 2 CPC .
Matter be relisted on 14.07.2026.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
06.06.2026
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