The Delhi High Court has declined to interfere with a notice seeking removal of alleged encroachment by jhuggies on a footpath and government land along G.T.K. Road. Justice Jasmeet Singh held that the photographs and the notice showed construction on the footpath, which could not be permitted.
Background of the Case
Delhi High Court was hearing a petition filed by Lohar Basti Lal Bagh Azadpur Vikas Samiti challenging a Public Works Department notice dated August 7, 2026. The notice concerned proposed removal action against jhuggies allegedly constructed on the Right of Way, footpath and storm-water drain area on G.T.K. Road.
The petitioner had sought, among other reliefs, a survey of residents to determine their eligibility for rehabilitation or resettlement and protection from removal until such rehabilitation was provided.
After examining the photographs and the contents of the notice, the Court found that the structures were situated on the footpath.
“Such an encroachment, as is evident from a combined reading of the photographs and notice dated 07.08.2026, cannot be permitted. Footpaths are made for walking and strictly for the pedestrians to avoid traffic on the roads. Footpaths cannot be encroached upon.”
The Court therefore declined to entertain the petition in respect of the reliefs sought against the removal action.
The Court noted that the petitioner had submitted a representation dated August 21, 2026 before the Public Works Department. It directed the department to decide that representation expeditiously, and in any event within four weeks.
The petition was accordingly disposed of, with the Court holding that the petitioner was not entitled to any relief other than a decision on its representation.
Case Details:
- Case Title: Lohar Basti Lal Bagh Azadpur Vikas Samiti v. DDA & Ors.
- Case Number: W.P.(C) 12357/2026 & CM APPL. 57298/2026
- Judge: Justice Jasmeet Singh
- Decision Date: August 24, 2026
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