South Delhi’s Sainik Farms stuck in legal limbo for years. High Court wants a decision now

Despite several petitions and court hearings, the question of whether Sainik Farms should be regularised has remained unresolved for more than a decade.

What the Delhi HC wants the government to do now

On Tuesday, the Delhi High Court pushed the Centre, Delhi government and local civic authorities to finally take a decision, directing them to hold a meeting and decide the issue within two months. The direction came while hearing a 2015 petition seeking regularisation of the colony.

A division bench of Chief Justice DK Upadhyaya and Justice Tejas Karia observed that the issue has been before the court for over a decade and the finalisation of the Delhi Development Authority’s Master Plan for Delhi (MPD) 2047 remains pending, and is likely to take more time.

Additional Solicitor General (ASG) Chetan Sharma, appearing for the Centre, also informed the court that MPD 2047 is pending approval before the Centre’s Ministry of Housing and Urban Affairs. The plan will come into effect only after it is notified by the Centre.

In 2001, a court ban

In 2001, the Delhi HC had directed a “complete ban” on the inflow of building materials into Sainik Farms. However, since then, thousands of residences have come up in the area.

In 2019, Ramesh Dugar, convener of area development committee of Sainik Farms, had flagged that the court order meant that even minor repairs and white wash was not permitted.

Subsequently, 93 residents of the area, who wanted repairs, were directed to submit the specific details of repairs to be undertaken with the local civic body, and were permitted to go ahead with it.

However, ASG Sharma Tuesday said that such permission granted to residents in the past has brought about “catastrophic results” and resulted in “palaces coming up in the area”.

The bench, however, directed the authorities to complete the deliberation in two months’ time and place the outcome on the court’s record by the next date of hearing.

The bench orally remarked, “You have to take some decision. You cannot keep them in lurch. Something needs to be done. It’s your government which has been bringing legislation after legislation for regularising. There are so many areas where you permit illegality, allow it to perpetuate, and then regularise it. It is high

time you should decide.”

Years of court orders, but no resolution

Since 2015, the Delhi HC has repeatedly urged the government to take a joint decision with respect to Sainik Farms.

Notably, the court, in a separate petition dealing with demolition of a bungalow at Sainik Farms in 2025, had also directed the DDA to clarify its stance on “whether affluent unauthorised colonies” are excluded from the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019, and if the DDA intends to grant protection to the said colonies under National Capital Territory of Delhi Laws (Special Provisions) Act, 2011.”

In March last year, the HC criticised the central government for its inaction on Sainik Farms’ regularisation. During a hearing on a related petition, the court said the Centre and Delhi government must resolve the issue jointly.