The Delhi High Court said it was “high time” authorities decided the fate of Sainik Farm residents, directing the Centre, Delhi government, Delhi Development Authority and Municipal Corporation of Delhi to take a call on regularising the south Delhi colony.
A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia told the Centre that residents needed clarity on the status of the area.
Sainik Farm is an "affluent" South Delhi colony that remains unauthorised and yet to be regularised.
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“We are not concerned as to what kind of decision you come about, but it is high time you decide. They should know their fate,” the bench told the Centre’s counsel.
The court directed the Union housing and urban affairs ministry, Delhi government, DDA and MCD to meet and work out a way forward. The outcome is to be placed before the court through an affidavit sworn by the competent authority of the ministry.
The bench noted that the lack of a decision by government agencies had left residents unable to even carry out repairs. While construction in the colony was illegal, the court said the authorities could explore a scheme to address existing structures.
“You can charge development charges. You can save certain nature of constructions. You can come out with a scheme where certain construction may be required to be demolished. Conduct a survey, prepare a plan. Try to save as much as can be saved,” the court orally remarked.
Additional Solicitor General Chetan Sharma said the government could take a holistic view only after the Master Plan Delhi 2047, prepared by the DDA, was approved by the Centre and formally published.
Sharma also said residents had known about the status of the colony since its inception.
The bench, however, questioned the approach of allowing illegalities to continue and then seeking to regularise them through legislation. It also asked why a special protection law had been brought in if illegal construction was subsequently to be regularised.
The court observed that approval of MPD 2047 could take some time and the plan would come into effect only after publication. It therefore asked the authorities to hold a meeting on Sainik Farm’s regularisation within two months and place the outcome before it.
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The matter will be taken up again in November.
The court was hearing a batch of petitions seeking regularisation of Sainik Farm. On August 13, 2025, it had directed the authorities to jointly consider the issue and make an effort to address the concerns raised in the petitions.
The Centre had earlier told the court in an affidavit that it had consciously decided against regularising illegal colonies categorised as affluent colonies, including Sainik Farm. It said the government was instead focusing on redevelopment of 1,797 unauthorised colonies divided into two classes.
(With inputs from TOI)
