Order 3

Order Details: COPY OF ORDER
Pdf Text: 30 Civ Suit 266/26
Premwati And Ors
Vs.
Municipal Corporation of Delhi MCD
05.06.2026
Present: Sh. Mohit Bansal, Ld. counsel for plaintiff.
It is submitted by Ld. counsel for plaintiff that the
present matter pertains to village Karawal Nagar and regarding
the properties which are residential in nature and within the
Phirni Road situated in the area of Lal Dora. It is also submitted
that the plaintiff has filed the Lal Dora and extended Lal Dora
certificate regarding the Karawal Nagar village which will bring
on record that the properties of plaintiffs are their ancestral
residential properties from time immemorable and having
different footings from the case which is listed today pertaining
to village Dayalpur pertaining to the shops/markets and the
plaintiffs therein already exercised their rights before Hon'ble
High Court of Delhi in three different writ petitions, whereas the
present petition has been filed by resident of Lal Dora and
coming first time to court for protection of their rights.
It is further submitted that the plaintiffs received the
show cause notice dated 08.05.2026 for alleged unauthorised
encroachment which is based on one letter dated 07.05.2026
issued by SDM Karawal Nagar addressed to the Deputy
Commissioner, MCD Shahdara North Zone, as annexure P-1,
thereby seeking from MCD the reconciled TSM survey drawing
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of Karawal Nagar Road(Dayalpur Chowk to Shiv Vihar Tiraha)
for further necessary action, which read as under:-
"Kindly refer to the matter regarding
widening/decongestion of Karawal Nagar Road from
Dayalpur Chowk to Shiv Vihar Tiraha.
In this regard, it is informed that the TSM surveyor
engaged for the said work has submitted the fresh
survey drawing of the road alignment and adjoining
areas. The said drawing has been examined and
reconciled with available revenue records, Aks-Sizra
map and field verification conducted by the Revenue
Department. A copy of the authenticated drawing is
enclosed herewith for further necessary action at
your end.
It is further suggested that the property-wise
details/ownership particulars reflected in the survey
or provided by the TSM agency are required to be
independently examined and verified by MCD before
initiating any anti-encroachment action, as detailed
municipal/property ownership records are not
maintained by the Revenue Department.
Accordingly, it is requested that MCD may scrutinize
and verify the property-wise details and existing site
status and accordingly take further appropriate
actions as per rules. Further action may be taken by
MCD as deemed appropriate under the relevant
provisions of the DMC Act and other applicable
rules."
It is further submitted by Ld. counsel that this letter
dated 07.05.2026 itself suggest that the revenue authorities
themselves do not have lay out plan of village Karawal Nagar
with them so as to identify the private land and government land
in order to ascertain any encroachment and then to remove the
same. It is further submitted that vide notice dated 08.05.2026,
the defendants are working arbitrarily and very vaguely trying to
demolish the houses of plaintiffs. It is again submitted that there
is eminent apprehension that the defendants will demolish the
houses of plaintiffs today itself and if defendants are not
restrained, then entire purpose of filing the suit will turn
infructuous.
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In view of submissions made by Ld. counsel for
plaintiff, issue summons for settlement of issue to defendants and
notice on application u/o 39 Rule 1 & 2 CPC, on filing of PF &
RC, for next date of hearing.
The plaintiff is at liberty to accompany the process
server for identification of address and addressee.
At request by Ld. counsel for plaintiff, the process
be issued through e-mode also by providing email addresses,
Whatsapp number of defendants alongwith affidavit.
Matter be relisted on 06.06.2026 at 02:00 PM.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
05.06.2026
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