National Green Tribunal
Kamlesh Jonwal President Rwa vs Uday Punj on 20 March, 2024
Item No.8 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No.914/2022
Kamlesh Jonwal now substituted by
Residents Welfare Association
Vasant Kunj D-6, Kaveri Apartment
Through its Vice President Ms. Richa Jain. ...Applicant
Versus
Uday Punj & Ors. ...Respondents
Date of hearing: 20.03.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. Ankit Jain Advocate for Applicant with Ms. Richa
Jain Vice President, RWA Kaveri Apartment.
Mr. Kamlesh Jonwal, previous Applicant (through
VC).
Respondents: Mr. Pinaki Mishra Senior Advocate with Ms. Sameer
Sood and Mr. Jatin Manchanda, Advocates for
Respondent No. 1.
Ms. Kritika Gupta and Ms. Latika Malhotra, Advocates
for respondent no.2- DDA.
Ms. Jyoti Mendiratta Standing Counsel for respondent
no. 4- Govt. of NCT of Delhi.
Ms. Puja Kalra, Advocate for Respondent no. 5-MCD.
Mr. Naresh Kumar, IAS, Chief Secretary, Delhi
(through VC).
Mr. Subhasish Panda, Vice Chairman, Delhi
Development Authority.
Ms. Isha Khosla, DM, New Delhi and Ms. Reena Toppo,
SDM, Vasant Vihar.
Application under the provisions of the National Green Tribunal Act, 2010
ORDER
1. Vide order dated 09.02.2024 respondent no. 1 was given opportunity O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -2- to file specific response with respect to the correctness of the Map filed by DDA vide email dated 08.01.2024; the District Magistrate (New Delhi) was directed to file specific response with reference to the demarcation report and also the factual submissions regarding taking of possession and raising of construction made in the status report filed by DDA vide email dated 08.01.2024; the Chief Secretary, Government of NCT of Delhi and Vice Chairman, DDA were directed to get the land in question properly demarcated and factual position regarding the aspects referred therein verified and file their response alongwith demarcation report/map/plan of the land in question duly signed by the concerned officers before this Tribunal within one month and personal appearance of the Chief Secretary, Government of NCT of Delhi and Vice Chairman, DDA through VC and District Magistrate, (New Delhi) physically on the next date of hearing was ordered.
2. Response has been filed by the SDM (Vasant Vihar), New Delhi on behalf of the District Magistrate (New Delhi), Delhi vide email sent from email id [email protected] on 19.03.2024 at 7:05 P.M. on wrong email id [email protected] of Southern Bench of this Tribunal and print out of the same had been tendered in the course of hearing but such tender not being usual practice under the rules was returned to be filed in the Registry and the Registry was directed to place print out of the above said email on record.
3. However, no response as directed by this Tribunal has been filed by the District Magistrate (New Delhi), Delhi herself. Respondent no. 1 has also not filed response with reference to the correctness of the map filed by DDA vide email dated 08.01.2024. The Chief Secretary, Government of NCT of Delhi and Vice Chairman, DDA also have not got the land in question properly demarcated and have not verified factual position regarding the aspects referred in the order of this Tribunal and have not O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -3- filed their response and demarcation report/map/plan of the land in question duly signed by the concerned officers before this Tribunal.
4. Mr. Naresh Kumar, IAS, Chief Secretary, Government of NCT of Delhi has appeared before this Tribunal through VC and Mr. Subhasish Panda, Vice Chairman, DDA, Ms. Isha Khosla, District Magistrate (New Delhi) Delhi and Ms. Reena Toppo, Sub Divisional Magistrate (Vasant Vihar) Delhi have appeared before this Tribunal physically.
5. We have heard learned Counsel for the parties and interacted with Mr. Naresh Kumar, IAS, Chief Secretary, Government of NCT of Delhi has appeared before this Tribunal through VC and Mr. Subhasish Panda, Vice Chairman, DDA, Ms. Isha Khosla, District Magistrate (New Delhi) Delhi and Ms. Reena Toppo, Sub Divisional Magistrate (Vasant Vihar) Delhi.
6. In the present case respondent no. 5- the District Magistrate (South West), Delhi was directed vide order dated 12.01.2023 to get the land in question demarcated but subsequently on being informed that the area falls under the jurisdiction of the District Magistrate (New Delhi), Delhi, the District Magistrate (New Delhi), Delhi was directed vide order dated 11.05.2023 to get the land in question demarcated and thereafter on statement made by Mr. Vinay Kumar Jindal, Sub Divisional Magistrate (New Delhi), Delhi that in view of orders passed by the Hon'ble Delhi High Court and the Hon'ble Supreme Court of India no jurisdiction is let with the revenue authorities to carry out any demarcation, this Tribunal vide order dated 20.11.2023 constituted a Joint Committee to demarcate the land of Kaveri Apartment and land of respondent no. 1 in question and submit report specifically mentioning as to whether any part of Kaveri Apartment, green belt connecting to the end gate of said apartment and public facilities drinking water/gas pipelines/sewage etc. fall into the land belonging to respondent no. 1. O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -4-
7. No demarcation report has been filed by above said Joint Committee before this Tribunal. On the other hand status report was filed by respondent no. 2-DDA vide email dated 13.12.2023. The relevant part of response filed by the DDA vide email dated 13.12.2023 reads as under:-
"Status Report Cum Affidavit on behalf of respondent no.-
2-DDA
X X X X
3. That in compliance of Order dated 20.11.2023 passed by the Hon'ble Tribunal in this matter, a joint site survey of the subject area was carried out on 21.11.2023 along with the concerned Revenue Staff of SDM (Vasant Vihar), AE/SPD-1 (DDA) and Sh. Birender (Habib, Surveyor). After survey of the land, which is subject matter of the case, a TSS plan has been prepared and provided by the Surveyor.
4. That as per TSS plan for the area of land which is the subject matter of case:
Site 01 (Area under Green): This site is adjacent to service road connecting Exit gate (Kaveri Apartment) and Vasant Kunj Road and in the right while going towards Exit gate (Kaveri Apartment). Area measuring 384.88 sqm in Khasra No. 93 and 989.37 sq. in Khasra No. 87 is under Green Belt. Photos of this site is also enclosed.
Site 02 (Area under Green): This site is adjacent to service road connecting Exit gate (Kaveri Apartment) and Vasant Kunj road and in the left while going towards Exit gate (Kaveri Apartment). Area measuring 1159.648 sqm in Khasra No. 87 is under Green belt. Photos of this site is also enclosed. Site 03 (Area under Pump House, Kaveri apartment): Area measuring 587.134 sqm is under pump house in Kasra No. 87 min, 88 min & 93 min. Photos of this site is also enclosed. Site 04 (Area under Barat Ghar, Kaveri apartment): Arca measuring 1601.024 sqm is under Barat Ghar in Khasra No. 88 min, 89 min and 93 min. Photos of this site is also enclosed. Site 05 (Area under DDA market): Area measuring 1168.020 sqm is under DDA market in. Khasra no. 88 min & 89 min. Photos of this site is also enclosed.
Site 06 (Area proposed for Police Station): Area measuring 12326.05 sqm in Khasra no. 86 min, 88 min & 67 min is lying vacant at the site and is partly under green. Photos of this site is also enclosed.
The TSS plan duly signed and verified by the Revenue staff of SDM (Vasant Vihar) with respect to the reference point shown O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -5- by them, Revenue Staff of DDA, AE (DDA) and Surveyor is enclosed.
That as per the land records of the DDA, Khasra No 480/396/87(3-12, 479/396/87(3-12), 86(9-12), 88 (9-17), 398/329/93/2(9-11), 330/93(4-17) and 67(12-3) of Village Masoodpur was acquired vide Award No. 90/80-81 and physical possession of area 08 bigha 02 biswa of Kh. No. 67, 398/329/93/2, min(08-09) and 330/93(4-17) was handed over to DDA by LAC/L&B Dept. GNCTD on 29-12-1980 and Khasra no. 480/396/87(3-12), 479/396/87(3-12), 86(9-12), 88(9-17) and 67 min(04-01) was handed over to DDA by LAC/L&B Dept. GNCTD on 21-04-2007. An amount of Rs 17,37,385/- and Rs 10,000,00/- was paid by DDA to L&B Dept. GNCTD against the said award vide cheque no. 908137 & 906691 dated 09-01- 1981.
6. That the respondents have violated the order dated 13.12.2023 of the Hon'ble Tribunal by cutting down the trees in the area in question. Photographs of the cutting down of trees in question are attached herewith as Annexure R-1."
8. Copy of Map allegedly prepared on the basis of survey was enclosed with status report filed by DDA vide email dated 13.12.2023 but the above said Map is not signed by anyone.
9. Subsequently, another status report has been filed by DDA vide email dated 08.01.2024. The relevant part of the report reads as under:-
"STATUS REPORT ON BEHALF OF RESPONDENT 2/DDA
2. The Respondent No. 2/DDA respectfully places the following submissions for the kind consideration of this Hon'ble Tribunal:
a. That the land, on which the Barat Ghar, Pump House, Road and Green belt is developed, was taken over physically by the Respondent No. 2/ DDA on 21.04.2007 and 29.12.1980 from the LAC/Land & Building Department, GNCTD. True Copy of possession proceedings dated 04.2007 and 29.12.1980 are enclosed herewith as annexure R1 Colly.
b. That the Barat Ghar, the Pump House, Road and the Green belt has been developed by the Respondent No. 2/ DDA after approval of Facilities Plan of Kaveri Apartment by the HUPW- COORDINATION (DDA) in its 284th Screening Committee vide Item no.148 in the year 2009. True Copy of Facilities Plan of Kaveri Apartment is enclosed herewith is Annexure R2.
c. That as per said Facilities Plan of Kaveri Apartment: O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr.-6-
A) total area measuring 3430 sqm was approved for facilities of the Kaveri Apartments, whose further approved area utilization is as under:
i) total area measuring 1100 sqm was approved for C.S.0 (Commercial Shop Centre) and is currently existing as DDA market at site.
ii) total area measuring 1700 sqm was approved for Community Hall and is currently existing as Barat Ghar at the site.
iii) total area measuring 630 sqm was approved for Pump House & UGR and is currently existing as Pump House.
B) total area measuring 3665 sqm was under the Green cover.
C) total area measuring 9360 sqm was under the Road.
3. That it is specifically denied that physical possession of the subjected land i.e., Khasra nos. 480/396/87 (3-12), 479/396/87 (3-12), 86 (9-12), 88 (9-17) and 67 (4-01) had not been taken, as stated by concerned Land Acquisition Collection in its counter affidavit filed before the Hon'ble High Court of Delhi in civl writ petition 6390/2014. In this regard, copy of possession proceedings dated 21.04.2007 of handing- over/taking-over of Khasra nos. 480/396/87 (3-12), 479/396/87 (3-12), 86 (9-12), 88 (9-17) and 67 (4-01) is relied upon.
4. That the Hon'ble High Court of Delhi vide its Judgment dated 23.02.2015 in WP (C) 6390/2014 passed an order that the petitioner is entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject lands are deemed to have lapsed. The DDA filed a SLP (C) No. 32635/2015 in Civil Appeal No. 4590/2016 against the Judgment dated 23.02.2015 of the Hon'ble High Court of Delhi and the same was dismissed vide order dated 28.04.2016.
5. That the Respondent No. 2/DDA then filed Review petition (C) Diary. no. 27968/2021 in Civil Appeal No. 4590/2016 and the same was dismissed vide order dated 31.03.2022.
6. That after the Award was made by the Collector under Section llof Land Acquisition Act 1894 in 1980. Compensation amount of Rs 17,37,385/- and Rs 10,000,00/- was paid by the DDA to Land & Building Department, GNCTD against the said Award vide cheque numbers 908137 and 906691 respectively dated 09¬01- 1981. As per Judgement dated 06.03.2020 of Hon'ble Supreme Court of India in Indore Development Authority V/s Manoharlal & Ors., SLP (c) No. 9036-9038 of 2016:
The provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the Act of 2013 came into force, in a proceeding for land acquisition pending with concerned authority O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr.-7-
as on 1.1.2014.
Section 24 applies to a proceeding pending on the date of enforcement of the Act of 2013, i.e., 1.1.2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.
7. Therefore, in view of the dictate of the Judgment dated 06.03.2020 of Hon'ble Supreme Court of India in Indore Development Authority V/s Manoharlal & Ors. , SLP (c) No. 9036- 9038 of 2016, there seems to be no lapse of acquisition proceedings initiated under the 1894 Act.
8. That the videography of green-belt, site 01, 02 and 06 as indicated in the Status Report cum affidavit on behalf of DDA filed on 13.12.2023, was carried out and is enclosed herewith as google drive links (Annexure R3) X X X X"
10. The relevant part of the response filed by the SDM (Vasant Vihar), Delhi on behalf of the District Magistrate (New Delhi), Delhi (wrongly sent vide email dated 19.03.2024 to the Southern Zone Bench of this Tribunal which is placed on record) is reproduced below:-
"Submission on the behalf of Respondent No. 4 District Magistrate, New Delhi District X X X X
2. That it is submitted that the Hon'ble Tribunal constituted a joint committee comprising of the officers duly authorized by vice chairman, DDA, DM (New Delhi) and commissioner, Municipal corporation of Delhi to demarcate the land of Kaveri Apartment and land of respondent no.1 namely Sh. Uday Punj question and submit report specifically mentioning as whether any part of Kaveri Apartment, Green Belt connecting to the end gate of said apartment and public facilities drinking water/gas pipelines/sewage etc. fall into the land belonging to respondent no.1.
3. That in compliance with the direction of this Hon'ble Tribunal a demarcation map was prepared by DDA which was duly signed by revenue official and handed over to the DDA on 12.12.2023 which was submitted on 13.12.2023 to this Tribunal by the DDA. Later, on the direction or this Hon'ble Tribunal the demarcation report was also submitted by the DDA to this Tribunal on 08.01.2024. That the Revenue Department affirm the same and has no objection on the demarcation (TSS) map. The copy of affidavit dated 13.12.2023 and 10.01,2024 O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr.-8-
tiled by DDA is enclosed as Annexure-"I".
4. that it is further submitted that the father of the respondent no. 1 namely Sh. Satya Narain Prakash Punj and his deceased Brother Mr. V.P. Punj filed the WPC 1802/1980 before Hon'ble Court of Delhi for quashing the acquisition proceedings. The above said proceeding was clubbed with other acquisition proceedings. The leading case was adopted in the club matter in name of Roshanara Begam vs UoI & Ors bearing writ petition no. 701/1981. In the above said matter the Hon'ble Court declined to quash the acquisition proceeding, by order dated 14.12.1995 in the leading case.
5. That it is further mentioned here that the possession of the subject land i.e. Khasra no. 480/396/87(3-12), 479/369/87(3-
12), 86(9-12),88(9-17) and 67(4-01)was rightfully taken by the DDA on 21.04.2007. This fact was also considered by the Hon'ble High Court in the matter of WP(C) 2972/2007, filed by Satya Narain Prakash Punj. The Hon'ble Court dismissed the above noted petition on 25.04.2007 on the ground that the petitioner admitted through photographs that wide scale demolition had been carried out on 21.04.2007. The Court also observed that the possession has been taken on 24.01.2007 itself (the date 24.01.2007 is wrongly mentioned in order it is actually 21.04.2007). (Copy of order dated 25.04.2007 is Annexure as Annexure-II). The proceedings dated 21.04.2007 regarding handing over and taken over of possession are also enclosed as Annexure-III.
6. That the Respondent no. 1 submitted through written submission in this Hon'ble Tribunal that the land acquisition proceeding initiated vide award no.90/1980-81 dated 22/29.12.1980 lapsed as held vide judgment dated 23.02.2015 passed by the Hon'ble Delhi High Court in W.P(C) No. 6390/2014 which was upheld by the Hon'ble Supreme Court of India vide judgment dated 28.04.2016 and Review Petition were also dismissed by Hon'ble Supreme Court of India vide order dated 31.03.2022. That Respondent No.1 has also stated that the Land Acquisition Collector and Land & Building Department has admitted in the Counter affidavit filed in W.P(C) No. 6390/2014 before Hon'ble High Court of Delhi, that the possession of the land was never taken. That the Respondent No.1 had admitted in W.P.(C) No.6390/2014 (Copy of the said Writ Petition is enclosed as Annexure-IV). That the Hon'ble Court of Delhi had declined quashing (he acquisition proceedings in W.P(C) No. 1802/1980. Further, Respondent No.1 had concealed the fact that the possession of the subject land had already been taken by DDA in the year 2007 as recorded by the Hon'ble High Court in its judgment dated 25.04.2007 in W.P(C) No. 2972/2007.
7. That it is submitted that the possession of the land was taken on 21.04.2007 as mentioned in the para 5 above. But a factually incorrect affidavit was filed by the then ADM (New Delhi) on the report of the Patwari and that led to passing of the aforesaid orders dated 23.02.2015.
O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -9-
8. That it is submitted that the Apex Court of India in its subsequent judgement the case of "Indore Development Authority Vs Manoharlal & Ors" (SLP(c)no. 9036-9038 of 2016, decided on 06.03.2020) held as under: The provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the Act of 2013 came into force, in a proceedings for land acquisition pending with concerned authority as on 01.01,2014".
"Section 24 applies to a proceeding pending on the date of enforcement of the Act of 2013,i,e, 01,01,2014, it does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode Of taking possession to reopen proceeding or mode of deposit of compensation ill the treasury instead of court to invalidate acquisition."
9. Hence. it is submitted that the Hon'ble Tribunal may render justice in view of the judgment dated 25.04.2007 of High Court in W.P(C) No. 2972 2007 and the filets recorded therein and also judgement of the Apex Court in the case of "Indore Development Authority Vs Manoharlal & Ors" (SLP(c)no. 9036- 9038 of 2016". Further, appropriate action is being taken against the officers involved in filing of incorrect affidavit in W.P(C) No. 6390/2014"
11. In their responses (the relevant parts of which have been reproduced above) respondent no. 2-DDA and respondent no. 4-the District Magistrate (New Delhi), Delhi have submitted that in view of the dictate of the Judgment dated 06.03.2020 of Hon'ble Supreme Court of India in Indore Development Authority V/s Manoharlal & Ors., SLP (c) No. 9036-
9038 of 2016, there seems to be no lapse of acquisition proceedings initiated under the Land Acquisition Act, 1894 which submissions prima facie constitute willful disobedience of Judgments passed by Hon'ble High Court of Delhi as well as Hon'ble Supreme Court which have attained finality.
12. This Tribunal also noticed in para 14 of its order dated 09.02.2024 that in view of the Judgments of Hon'ble High Court of Delhi and Hon'ble Supreme Court of India, respondent no. 1 has claimed himself to be the lawful owner of the land on which respondent no. 2 is alleged to have O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -10- illegally constructed Pump House and Commercial Complex and to have allegedly allotted a parcel of respondent no. 1's land for construction of a Police Station. The issue of the construction of the Commercial Complex and its auction and allotment of land for the construction of the police station is the subject matter of CS (OS) 244/2020 before the Hon'ble High Court of Delhi. So far as Barat Ghar is concerned it is stated that the same has never been constructed at all till date.
13. It may be observed here that in view of the stand of respondent no. 2-DDA and respondent no. 4-the District Magistrate (New Delhi), Delhi as to possession of land in question having been taken in 2007 and concerned Land Acquisition Officer having filed factually wrong/incorrect affidavit, any challenge to the validity of above said Judgments on the ground of any fraudulent misrepresentations of the facts will lie only before the above said Courts and the applicant, GNCTD and/or DDA shall be at liberty to avail their appropriate remedies in accordance with law. This Tribunal clarified the scope of the present proceedings in para 17 of its order dated 09.02.2024 which is reproduced as under:-
"17. It may be observed here that in the present case this Tribunal has no jurisdiction to look into and is also not looking into the question as to whether the acquisition of the land in question lapsed which question has already been decided by the Hon'ble High Court of Delhi and Hon'ble Supreme Court of India. This Tribunal has the jurisdiction to look into and is looking into the environmental questions of illegal cutting of trees and damage to the green belts on road sides etc. and remedial measures required to be taken regarding the same and this Tribunal is for that purpose seeking verification of the factual position particularly in the context of mandate of environmental laws for provision of environment related facilities of protection of trees, green cover, green belt on road sides, drinking water supply and sewage systems and also related question as to whether the concerned respondents are required to consider the question of fresh acquisition of land under environment related public utilities as permitted by the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in view of the essentiality thereof."
O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -11-
14. This Tribunal also highlighted in its order dated 09.02.2024 that the case involves the substantial questions relating to environment arising out of implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010 particularly the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986 specifically as to the relief claimed by the applicant being barred by limitation, liability of green belt, road, Pump House etc. constructed over the land in question to removal/demolition and entitlement of the residents of Kaveri Apartments and the locality to user thereof as part of fundamental right to clean and healthy environment arise in the present case.
15. This Tribunal also highlighted that despite passing of number of orders and grant of sufficient time proper demarcation report/map/plan duly signed by the Joint Committee/concerned officials have not been filed before this Tribunal and a complex and strange factual situation emerged from the material on record and the pleadings. The relevant paras no. 20 and 21 of order dated 09.02.2024 are reproduced as under:-
" 20. It may be observed here that the Joint Committee constituted by this Tribunal conducted the survey on 21.11.2023 on the basis of which the survey report seems to have been prepared but Dy. Director/LM(NDZ) had written letter dated 30.11.2023 that re-survey needs to be carried out and a demarcated plan of the land in question, duly verified by revenue officers of GNCTD and DDA, has to be placed before this Tribunal. No such demarcated plan of land in question duly signed by the revenue officers of the GNCTD and DDA has been placed before this Tribunal. As mentioned above the applicant has filed objections to the demarcation. This Tribunal has passed number of orders and granted sufficient time for filing of demarcation report/map/plan before this Tribunal but no authenticated demarcation report/map/plan duly signed by the concerned officers has been filed before this Tribunal.
21. As already observed by this Tribunal a complex and also strange factual situation emerges from the material placed on record and respective pleadings. The Land Acquisition Collector O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr.-12-
filed counter affidavit in W.P. (C) No. 6390/2014 that physical possession of the land in question had not been taken. Strangely enough DDA did not file any counter affidavit to the writ petition. The above said writ petition was allowed by the Hon'ble High Court of Delhi vide Judgment dated 23.02.2015 which was, on filing of Civil Appeal no 4590/2016 (tagged with Civil Appeal No. 4544/2016) by DDA, upheld by Hon'ble Supreme Court of India vide Judgment dated 28.04.2016. Subsequently, DDA filed review petition on the ground of taking of possession on 21.04.2007 which was dismissed by Hon'ble Supreme Court of India vide Judgment dated 31.03.2022. Respondent no. 1 has claimed that respondent no. 2 had illegally constructed Pump House, and Commercial Complex and had illegally allotted a parcel of respondent no. 1's land for construction of a Police Station and illegally handed over a parcel of land to MCD on 31.05.2016 for development of green belt. As already observed by this Tribunal in order dated 13.12.2023 construction of barat ghar, pump house and road and development of green belt by itself shows that possession of the land underneath the same was taken by DDA. Questions arise as to when possession of the land on, which barat ghar, pump house and road were constructed and on which green belt was developed, was taken by DDA and when baraat ghar, pump house and road were constructed and green belt was developed and whether the facts about such construction of barat ghar, pump house and road and development of green belt were brought on record during pendency of writ petition or there was any fraud or misrepresentation by any of the parties. These facts need to be ascertained by the Government of NCT of Delhi and DDA. The aspect as to why DDA raised construction of baraat ghar, pump house and road and developed green belt by incurring huge expenditure if possession of the land underneath the same was not taken within five years by the concerned Authorities, as claimed by respondent no.1 which claim has been accepted by Hon'ble Delhi High Court and Hon'ble Supreme Court, also needs to be looked into by the Government of NCT of Delhi and DDA."
16. We have interacted with the Chief Secretary, Government of NCT of Delhi and the Vice Chairman, DDA and have brought to their notice gross apathy, inaction, negligence on the part of the above said agencies in taking of prompt action and their failure to file proper demarcation reports and proper responses in the present case who have assured to look into the matter and taken appropriate action and issue appropriate instructions in this regard.
17. In the facts and circumstances of the case following interim directions are issued:-
O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr.-13-
i. the Joint Committee constituted vide order dated 20.11.2023 is directed to demarcate the land of Kaveri Apartment and the land of respondent no. 1 in question comprised in Khasra Nos. 480/396/87 (3-12), 479/396/87 (3-12), 86 (9¬12), 88 (9-
17) and 67 (4-01) in all measuring 30 bighas 14 biswas, in village Masoodpur and submit report verifying the factual position as existing on the date of visit specifically mentioning as to whether any part of Kaveri Apartment, green belt connecting to the end gate of said apartment and public facilities drinking water/gas pipelines/sewage etc. fall into the land belonging to respondent no. 1;
ii. respondent no. 1 is directed to file reply/response to replies/responses filed by respondent no. 2-DDA and SDM (Vasant Vihar), Delhi on behalf of respondent no. 4-the District Magistrate (New Delhi), Delhi; and iii. the Chief Secretary, Government of NCT of Delhi and the Vice Chairman, DDA are directed to file their response in terms of paras no. 21 and 22 of order dated 09.02.2024 specifically mentioning:-
a. as to when possession of the land, on which barat ghar (if any), pump house and road were constructed and on which green belt was developed, was taken by the GNCTD and handed over to DDA and when baraat ghar (if any), pump house and road were constructed and green belt was developed;
b. whether the facts about such construction of barat ghar (if any), pump house and road and development of green belt were brought on record during pendency of writ petition or there was any fraud or misrepresentation by any of the O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -14-
parties;
c. if there was any fraud or misrepresentation by any of the parties, what action has been taken by GNCTD and DDA; and d. what other remedial measures are proposed to be taken by GNCTD and DDA to resolve the environmental issues involved in the case regarding green belt/trees/pump house/drinking water facilities and respective rights of the applicant and respondent no. 1.
18. Demarcation report duly signed by all Members of the Joint Committee, reply/response by respondent no. 1 by way of his affidavit and responses by the Chief Secretary, Government of NCT of Delhi and the Vice Chairman, DDA by way of their affidavits be filed within three months by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
19. In the course of hearing Mr. Kamlesh Jonwal has appeared through VC and tried to raise some issues regarding other environmental aspects which are not involved in the present case and he may file separate original application regarding the same, if so desired.
20. List for further consideration on 18.07.2024.
21. Interim order dated 23.11.2023 shall continue to operate till further orders to the contrary.
22. The Chief Secretary, Government of NCT of Delhi and Vice Chairman, DDA are exempted from further appearance in this case.
23. However, in view of the facts and circumstance of the case, personal appearance of the officers duly authorised by the Chief Secretary, Government of NCT of Delhi, the Vice Chairman, DDA and personal appearance of the District Magistrate, (New Delhi), Delhi O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -15- physically on the date of hearing fixed is considered to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are directed to remain present before this Tribunal on that date accordingly.
24. A copy of this order be sent to the Chief Secretary, Government of NCT of Delhi, the Vice Chairman, DDA and the District Magistrate, (New Delhi), Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 20th, 2024 ag