Vijay Kumar Diwakar vs South Delhi Municipal Corporation & Ors
- Court
- Delhi High Court
$~3(SDB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
Date of decision: 23 May, 2026
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Uploaded on: 26 May, 2026
+ W.P.(C) 5751/2014 & CM APPLs. 14183/2014, 19236/2018,
12347/2022, 12348/2022, CM APPL. 35832/2022
VIJAY KUMAR DIWAKAR .....Petitioner
Through: Mr. Rajiv Kumar Ghawana, Mr.
Vikal Chardela and Mr. Shivam
Chaudhary, Advs.
versus
SOUTH DELHI MUNICIPAL
CORPORATION & ORS. .....Respondents
Through: Mr. Ajjay Arora, Sr. Adv. with Mr.
Kapil Dutta and Mr. Vansh Luthra,
Advs. for R-1 & R-2.
Mr. Anubhav Gupta, Panel Counsel (
Civil) GNCTD, Mr. Kartik Sharma,
Adv. for GNCTD.
Mr. Kailash Vasudev,Sr. Adv. with
Ms. Prabhsahay Kaur (standing
counsel), Ms. Deeksha L. Kakar
(Panel Lawyer), Mr. Aditya Verma,
Mr. Rashneet Singh, Ms. Sana
Parveen, Advs. AlongwithDr.
Mannan Akhtar, Commissioner
(LM), Mr. Ajay Kadian, Director
(LM-II), Mr. Pradeep Kumar, AD
(LMCordination), Mr.
DurganandMinz, DD (GIS), Mr.
Mayank Yadav, (Tehsildar Nazul),
Mr. Bijndra Kumar, DD
(Horticulture). for DDA.
Mr. Kamal Kant Jha,CGSC with
Mr.Aishwarya Deep Singh and Ms.
Aakriti, Advs.
Mr. Bhagvan Swamp Shukla CGSC
W.P.(C) 5751/2014 Page 1 of 16
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
with Mr. Sarvan Kumar, Mr. Mukesh
Pandey, Advs. for UOI.
Ms. Thara,Additional Secretary.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. In this case, various issues concerning the Zone `O’ area are being
monitored by this Court. The Court had noticed unabated unauthorised
construction in the area and from the submissions made, it had become clear
that there were several unauthorised colonies which had come up in the said
area. One of the stands of the Government was that these colonies are
protected under the National Capital Territory of Delhi Laws (Special
Provisions) Second (Amendment) Act, 2011. On this issue, the Delhi
Development Authority (hereinafter, ‘DDA’ ) had sought a clarification from
the Ministry of Housing & Urban Affairs, Government of India (hereinafter,
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‘Ministry’ ) and a meeting was directed vide order dated 28 March, 2026.
However, the Ministry had taken an extremely ambiguous position in the said
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meeting. The Ministry vide affidavit dated 15 April, 2026 clarified that the
National Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act 2011 provides for maintenance of status quo in respect of
unauthorised colonies identified under 2019 Regulations, however, the same
does not explicitly include or exclude Zone ‘O’. The said affidavit filed by
the Ministry was unclear as to the status of the unauthorised colonies in Zone
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‘O’. The relevant portion of the said affidavit dated 15 April, 2026 reads as
under:
W.P.(C) 5751/2014 Page 2 of 16
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
“4. That in further compliance with the Court's
directions, a high-level meeting was convened on
06.04.2026 at 11.30 A.M. at Sankalp Bhawan, GPOA-II
Building, K.G. Marg, New Delhi. Secretary, HUA was
out of station, hence the said meeting was chaired by the
Additional Secretary (Delhi). The meeting was attended
by senior officials from the DDA, MCD, GNCTD, and
other stakeholder agencies. A true copy of the minutes
of meeting held on 06.04.2026 is annexed herewith and
marked as Annexure-R-1.
5. With regard to the applicability of the National
Capital Territory of Delhi Laws (Special Provisions)
Second Act, 2011 as amended from time to time till
date, to such colonies, Section 3(2)(ii) of the said Act
provides for maintenance of status quo in respect of
unauthorized colonies identified under the 2019
Regulations, but does not explicitly exclude or include
colonies falling in Zone-0. This Special Provisions Act
extends the temporary protection upto 31.12.2026.
6. As regard the clarification sought by DDA on the
issue of applicability of protection to unauthorized
colonies listed in the NCT of Delhi ( Recognition of
Property Rights to Residents in Unauthorised
Colonies) Regulations, 2019 in Zone ‘O’, it was agreed
that the exclusion of Zone ‘O’ as mentioned in
Regulation 7 of above regulation is only for the
purpose of regularisation and National Capital
Territory of Delhi Laws (Special Provisions) Act, 2011
does not alter/modify the Regulation 7 of 2019
Regulations .”
3. Accordingly, v ide order dated 18th April, 2026, this Court directed as
under:
“8. Mr. Ajay Kadian along with the field officers of the DDA
shall undertake immediate visits to the area in Zone ‘O’ and if
any unauthorized construction which is presently being carried
out or has been freshly carried out the same shall be immediately
W.P.(C) 5751/2014 Page 3 of 16
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By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
demolished. Let a status report be placed on record in this
respect.
9. Further, as per the said status report filed by the DDA,
the removal of the following unauthorized construction and
encroachment is stated to have been undertaken by the DDA:
10. It is made clear that similar encroachment, removal and
demolition programs shall continue to be carried out by the DDA
in Zone ‘O’ area.
11. The Ministry of Housing and Urban Affairs of India has
filed an affidavit of Mr. Upendra Kumar Tiwary, the Under
Secretary, Delhi Division- I, as per which, a meeting was held on
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6 April, 2026 and certain clarifications were given. The
clarification from the Minutes of the Meeting dated 13th April,
2026 is set out below:
“3. As regards the clarification sought by DDA
on the issue of applicability of protection to
unauthorized colonies listed in the NCT of Delhi
(Recognition of Property Rights of Residents in
W.P.(C) 5751/2014 Page 4 of 16
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By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
Unauthorised colonies) Regulations, 2019 in
Zone 'O’ it was agreed that the exclusion of Zone
O as mentioned in Regulation 7 of above
regulations is only for the purpose of
regularisation and National capital Territory of
Delhi Laws (special Provisions) Act, 2011 does
not alter/modify the Regulation 7 of 2019
Regulations.
4. It was further noted Zone-O is not a single
homogeneous area and has to be seen in a
wholistic manner. Zone -O comprises of some
villages (lal dora) existing since decades
Government land, unauthorised colonies built
on private/govt land, etc. Importantly, Zone-O
also encompasses the Yamuna River and its
surrounding floodplain'
5. All concerned agencies, including the Delhi
Development Authority, will accordingly take
note of and immediately identify encroachments
and unauthorized constructions within their
respective jurisdictions in Zone 'O'.”
12. From the above, it is unclear as to what the Ministry of
Housing and Urban Affairs of India is intending to state by way
of a clarification. The question raised by the DDA was whether
the maintenance of status quo in respect of unauthorized
colonies, as per the National capital Territory of Delhi Laws
(special Provisions) Act, 2011, would extend to colonies falling
in Zone ‘O’ or not. This issue has not been answered by the
Ministry of Housing and Urban Affairs of India .
13. In view thereof, let Ms. D. Thara, Additional Secretary
(D) who had chaired the said meeting be present on the next date
of hearing. A fresh affidavit shall also be filed by the Ministry of
Housing and Urban Affairs of India in this regard.”
4. In view of the stand of the MoHUA being unclear, the Court had
directed Ms. D. Thara, Additional Secretary to be present today. The said
W.P.(C) 5751/2014 Page 5 of 16
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
officer has joined the proceedings virtually.
5. Insofar as the unauthorised colonies in Zone ‘O’ which are 91 in
number, the Ministry of Housing and Urban Affairs has filed an affidavit
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dated 11 May, 2026. The said affidavit also deals with other unauthorised
colonies in Delhi as well. The said affidavit is sworn by Mr. Upendra Kumar
Tiwari, Under Secretary, Delhi Division, Ministry of Housing and Urban
Affairs. The relevant portions of the said affidavit is set out below:
“5. That in compliance with the direction of this Hon'ble
Court, a highlevel. Meeting was convened on
06.04.2026 at 11.30 A.M. at SankalpBhawan, GPOA-II
Building, K.G.Marg, New Delhi. Since the Secretary,
Ministry of Housing and Urban Affairs was out of
station, therefore, the said meeting was chaired by the
Additional Secretary (Delhi). The meeting was attended
by senior officials from the DDA, MCD, GNCTD and
other stakeholder agencies. The issues "whether the
action for removal of the unauthorised colonies falling
in Zone 'O' would be permissible and whether the
provisions of section 3(2)(ii) of the National Capital
Territory ofDelhi Laws (Special provisions)Second Act,
2011 amended up-to-date i.e. temporary ·protection
upto 31.12.2026 extends to the unauthorised colonies of
Zone "O' also or not" were discussed and deliberated
upon at length. A true copy of the Minutes of the Meeting
held on 06.04.2026 is filed herewith as Annexure-R-1 .
6. That a short affidavit was filed on behalf of the
Ministry ofHousing and Urban Affairs in compliance
with the directions passed by this Hon'ble Court
onMarch 28, 2026.
7. That, on 18.04.2026, when the aforesaid matter came
up for hearing, this Hon'ble Court was pleased to give
direction to Ministry ofHousing and Urban Affairs of
India to file a fresh Affidavit in this regard. The relevant
portion of the Order dated April 18, 2026 passed by this
Hon'ble Court in the present case are as follows:
W.P.(C) 5751/2014 Page 6 of 16
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
... ; "12. From the above, it is unclear as to what
the Ministry of Housing and Urban Affairs ofIndia
is intending to state by way of a clarification. The
question raised by the DDA.was whether the
maintenance of status quo in respect of
unauthorized colonies, as per the National capital
Territory of Delhi Laws (special Provisions) Act,
2011, would extend to colonies falling in Zone'O'
or not. This issue has not been answered by the
Ministry of Housing and Urban Affairs ofIndia.
13. In view thereof, let Ms. D. Thara, Additional
Secretary (D) who had chaired the said meeting be
present on the next date of hearing. A fresh
affidavit shall also be filed by the Ministry
ofHousing and Urban Affairs ofIndia in this
regard."
8. That, in specific compliance with the directions
passed by this Hon'ble Court on .April 18, 2026, the
answering respondent submit from the harmonious
reading of the relevant para of the 2019 Regulations and
the National capital Territory ofDelhi Laws (Special
Provisions) Second Act, 2011 amended up to date that
there are no contradictions between them. Special
Provisions Act gives temporary protection from punitive
action for certain unauthorised developments including
'unauthorised colonies' for a period up to 31.12.2026.
Provision of the temporary protection for the
maintenance of status quo in respect of unauthorized
colonies as mentioned in section 3(2)(ii) National
capital Territory of Delhi Laws (Special Provisions)
Second Act, 2011 amended up to date is also applicable
to colonies falling in Zone-O till 31.12.2026.
A true copy the document containing relevant
extracts of (the National Capital Territory of Delhi
(Recognition of Property Rights of Residents in
Unauthorised Colonies) Regulations, 2019 is annexed
as Annexure-R-2 and the National Capital Territory of
Delhi Laws (Special Provisions) Second Act, 2011
W.P.(C) 5751/2014 Page 7 of 16
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By:DEVANSHU JOSHI
Signing Date:26.05.2026
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amended up-to-date is filed as Annexure-R-3
respectively.
9. It is submitted that the 2019 Regulations, facilitates
the conferment of ownership rights as pre-requisite for
regularisation, to the residents of Unauthorised
Colonies on whom the Regulations of 2019 are
applicable. However, certain colonies/lands like
affluent unauthorised colonies, land falling in Zone-O
and Yamuna Flood Plain, amongst many, are in the
exclusion category of the 2019 Regulations, no rights
are being conferred or recognized in such unauthorised
colonies listed in exclusion category including
unauthorised colonies falling in Zone-O.
10. Further in the most recent developments, DDA has
notified, on 08.04.2026, with the prior approval of the
Central Government, a total of 1511 unauthorised
colonies (excluding colonies of Zone-O) for the purpose
of regularisation on "as-is, where-is" basis in the first
instance. DDA had also made modifications on
06.04.2026 in the 2019 Regulations through the
National Capital Territory of Delhi (Recognition of
Property Rights of Residents in Unauthorised Colonies)
(Amendment) Regulations, 2026, to make GNCTD as
the agency instead of DDA for conferment of ownership
rights to the residents of unauthorised colonies with
insertion of · the following new Regulation:
'6A. Purpose, procedure and conditions for
regularisation of unauthroised colonies.-(1) On
and from the date of commencement of the
National Capital Territory ofDelhi (Recognition of
Property Rights of Residents in Unauthorised
Colonies) (Amendment)Regulations, 2026, the
Delhi Development Authority may, after
consideration and subject to the purpose and
conditions specified in this regulation, by
notification, specify from time to time, the
unauthorised colonies, comprising of such number
W.P.(C) 5751/2014 Page 8 of 16
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
and location, which are to be regularised.’
11. It is pertinent to mention that the Government has
extended the protection .through the National Capital
Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act 2011 (hereinafter referred to as
"Special Provisions Act") and as amended from time-to-
time various classes of unauthorized developments to
the extent they to the provisions of aforesaid Acts.
Protection from punitive action is available also to the
unauthorized colonies of Zone-O till 31.12.2026 under
the aforesaid Special Provisions Act. ”
6. Mr. Chetan Sharma, ld. ASG has appeared along with Ms. Thara,
Additional Secretary. After hearing the submissions, it is clear that insofar as
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the unauthorised colonies in Delhi, are concerned, on 8 April, 2026 the said
colonies were regularised on as is where is basis . However, this does not
include colonies in Zone ‘O’. Insofar as colonies in Zone ‘O’ are concerned,
the National Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act 2011 protects the occupants of unauthorised colonies in
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Zone ‘O’ till 31 December, 2026.
7. On a query from the Court, it is informed that the Government of India
is presently in discussion with various Departments including the
Government of National Capital Territory of Delhi (hereinafter, ‘GNCTD’ )
regarding the manner in which Zone ‘O’ is to be treated and how the colonies
including some villages where there was habitation for several years are to
be dealt with. The Additional Secretary also submits that there is discussion
in respect of rehabilitation of these villages and residents as well. Since there
are approximately 5 to 6 lakhs people living in these 91 colonies, which
would translate into at least 1 lakh houses, a detailed strategy would have to
W.P.(C) 5751/2014 Page 9 of 16
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
be worked out.
8. Insofar as Zone ‘O’ is concerned, the same is part of the Yamuna Flood
Plains. This Court is of the opinion that the existence of any residential
colonies in Zone ‘O’ would be completely impermissible and would also not
be conducive to the environment as also to the river bed area. The MoHUA
and other Ministries in the GOI, therefore, need to take an urgent decision in
this matter inasmuch as the protection from punitive action exists only till
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31 December, 2026 for these residents. At this stage, the Additional
Secretary submits that no ownership is being granted to the residents of these
91 colonies and no fresh construction is also permissible in this area.
9. The Delhi Development Authority (hereinafter, ‘DDA’ )DDA is the
Agency to oversee and ensure that no fresh construction takes place in Zone
‘O’ including in these colonies even under the garb of repair or renovation.
10. The MoHUA - Government of India shall, accordingly, place before
this Court the decision in respect of the 91 colonies in Zone ‘O’ by the next
date of hearing. Let an affidavit by the Ministry of Housing and Urban
Affairs be placed on record after holding proper consultations with all the
Departments and other stakeholders if required.
11. Ms. Thara, Additional Secretary to continue to join these proceedings
either physically or virtually.
12. Mr. Ajay Kadian, Director Land Management, DDA has also
presented a status report to show the action which has been taken in respect
of Zone ‘O’. The said status report states as under:
“6. That the Answering Respondent has proposed
installation of approximately 300 Public Notice Boards
in Zone 'O'. Other concerned agencies including MCD,
GNCTD, DMRC, I&FC and Forest Department have
W.P.(C) 5751/2014 Page 10 of 16
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44
also been requested to furnish details regarding
installation of such boards. The information regarding
installation of such boards as obtained from all
agencies is as under:
Sl.
No.
Name of Agency Total of notice boards
installed.
1. DDA 114
2. MCD 10
3. DMRC 1
4. I&FC 51
5. Forest Department Floated tender for
installing Public Notice
Boards.
6. GNCTD Information not
received
7. Delhi Police. Information not
received
7. That in terms of the further directions passed by this
Hon'ble Court, joint inspections were conducted by the
Answering Respondent along with officers of DDA and
officers of MCD in various parts of Zone 'O', as under:
a. 27.04.2026-North-East District;
b. 04.05.2026-South-East District;
c. 08.05.2026-Central District.”
13. The Court has also been handed over a status report by the Municipal
Corporation of Delhi (hereinafter, ‘MCD’ ) which would show that
unauthorised construction is continuing unabated in Zone ‘O’. The same is
also seen in the status report handed over by Mr. Ajay Kadian. Some
photographs showing unauthorised construction have been filed in the
Report. The same are in the following areas:
Jagat Pur Village
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Signing Date:26.05.2026
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Wazirabad Village
Ram Ghat, Wazirabad
New Aruna Nagar (Majnu Ka Tilla)
Some of the relevant photographs from the status report handed over by Mr.
Ajay Kadian are reproduced herein:
Jagat Pur Village
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Signing Date:26.05.2026
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Ram Ghat, Wazirabad
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By:DEVANSHU JOSHI
Signing Date:26.05.2026
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New Aruna Nagar (Majnu Ka Tilla)
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14. Accordingly, let a meeting be held between the officials of the
Ministry of Urban Affairs including Ms. Thara, Additional Secretary,
officials of the MCD and the DDA and an action taken report shall be placed
on record by the next date of hearing showing how further unauthorised
construction is stopped and how the unauthorised construction is being
demolished. The status report of the DDA i.e., handed over by Mr. Ajay
W.P.(C) 5751/2014 Page 15 of 16
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Signing Date:26.05.2026
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Kadian be handed over to Mr. Ajjay Arora, ld. Sr. Adv. today itself.
15. From the photographs it is clear that right under the supervision of
Engineers of the MCD, the unauthorised construction in Zone `O’ which is
so freshly made is being carried out. Accordingly, the names of the concerned
Executive Engineers of the above areas falling in Zone `O’, shall be placed
before the Court on the next date and the said Executive Engineers shall also
remain present on the next date of hearing.
16. The Commissioner, MCD shall also call for a report of these properties
and place a status report on record as to what action is being taken against
the concerned Executive Engineers, Junior Engineers and Assistant
Engineers and what action for demolition has been taken by the MCD.
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17. The meeting shall be held by the Ministry of Urban Affairs on 8
June, 2026 at 11:30 a.m. in the office of Ms. Thara, Additional Secretary.
The Commissioner, MCD shall also participate in the said meeting.
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18. List on 25 July, 2026.
19. Copy of this order be communicated to the Commissioner, MCD by
the Registry.
PRATHIBA M. SINGH
JUDGE
MANMEET PRITAM SINGH ARORA
JUDGE
MAY 23, 2026
dj/ck
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By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44