Delhi High Court - Orders
Kuldeep Singh Hooda vs Honble Lt Governor And Ors on 4 April, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5600/2022
KULDEEP SINGH HOODA ..... Petitioner
Through: Mr.Ashish Dholakia, Senior Advocate
with Mr.Akash Panwar, Advocate
versus
HONBLE LT GOVERNOR AND ORS ..... Respondents
Through: Mr.Anupam Srivastava, ASC for
GNCTD with Mr.Dhairya Gupta,
Advocate for R-1, 2, 4, 6 and 7
Mr.Ashim VAchher, Standing
Counsel for DDA
Ms.Surbhi Arora, Adv for Union of
India/R-5
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 04.04.2022 CM Appl. No.16616/2022 Exemption allowed, subject to just exceptions. W.P.(C) No. 5600/2022 and CM Appl. No.16615/2022 The petitioner vide the present petition makes the following prayers:
"(i) Issue a writ of mandamus and/or any other similar writ, order or direction against the Respondents to follow due procedure of law in demarcating the land required for purposed widening of the road connecting Mehrauli Mahipal Pur Road (from Andheria More to D-1 Block, Vasant Kunj, New Delhi).
(ii) Issue writ, order or direction in the nature of mandamus or any other writ, order or direction by directing the Respondents authorities to demarcate the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.04.2022 11:54:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
land in the vicinity on the basis of fixed points and other relevant material like the survey report dated 07.04.2008, survey report prepared at the time of handing over 10 acres of land to NATGRID, two wells existing in Khara No.353 and 360.
(iii) issue a writ of prohibition and/or any other similar writ, order or direction, issuing appropriate direction to the Respondents not to disturb the peaceful possession of the Petitioner over 5 bighas 5 biswas of land comprised in Khasra No.2668/1120 (Oldd) 356 (New), situated in the revenue estate of village Mehrauli, NCT of Delhi without due process of law.
(iv) pass any other or further order which this Hon'ble Court may deem fit and proper in the interest of justice."
Submissions have been made on behalf of the respondent nos. 1, 2 and 4 by the learned counsel present.
The petitioner has submitted that the petitioner is in possession of Khasra No. 2668/1120 (old) and now bearing new Khasra No.356 totally admeasuring 5 bighas 5 biswas situated within the Revenue Estate of Village Mehrauli, Tehsil Hauz Khas in the National Capital Territory of Delhi (hereinafter referred to as the "Said Land") from the year 1991 when the name of the Petitioner was recorded in the Khasra Girdawri by the order of Naib Tehsildar. Accordingly, the Naib Tehsildar directed the Halqa Patwari to inform the Custodian Department about the entry made in the revenue record with a copy of the Khasara Girdawari for the year 1991-1994 having been submitted along with the petition. Through the same it is also submitted by the petitioner that in a correspondence sent to the Home Ministry it was informed by the Under Secretary, LA, that the land in question was not a government land vide a reply dated 17.11.1993 and that the land is alleged to have been allotted in favour of Mr. Omar Mohd. qua Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.04.2022 11:54:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
whom the petitioner submits that he had no rightful claim to be allotted such land and the allotment qua the petitioner was cancelled in the year 1999 with the name of the petitioner being directed to be struck off from the revenue records as a consequence of which the petitioner filed CS(OS) 585/1999 seeking a permanent injunction restraining the defendants, their servants, agents and/or employees from interfering in any manner with the enjoyment of the actual physical possession of the said land and vide order dated 17.3.1999 the interim order was granted in favour of the petitioner and against the defendants from dispossessing the plaintiff, i.e., the petitioner herein without following the due process of law from the disputed land i.e. Khasra No. 356 measuring 5 bighas and 5 biswas situated at village Mehrauli, National Capital Territory of Delhi, and that the suit having been transferred to the District Courts was renumbered as Suit No. 279/2005 and vide order dated 23.8.2006 in the said suit, the application filed by the plaintiff, i.e., the petitioner herein seeking interim relief was allowed with parties having been directed to maintain status quo with regard to the possession of the suit said land till disposal of the same. The said order dated 23.8.2006 in CS(OS) No. 585/1999 is still in existence as is also indicated vide the proceedings date 2.8.2016 in C.M. Appl. No.22952/2016, 27413-27415/2016 in CM (Main) No. 606/2016 vide which it has been categorically directed to effect that the parties were bound by the said status quo order, i.e., the order dated 23.8.2006 in CS(OS) No. 279/2005.
It is submitted by the petitioner that the survey was conducted in the year 2008 and the report dated 7.4.2008 was prepared by the officials of the respondents and there was a demarcation of the land comprising Khasra No. 357 and 358 which was proposed to be acquired for construction of the road Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.04.2022 11:54:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
proposed for the Institute of Liver & Biliary Sciences (ILBS) from Mehrauli to Mahipalpur Road, with it having been submitted further on behalf of the petitioner that a further survey was also conducted in the year 2016 for handing over the possession of the land allotted to the NATGRID, an agency under the Ministry of Home and that the land allotted and handed over to the NATGRID abuts the land of the petitioner which falls on the southern side of Khasra No. 356 with it having been submitted to the effect that on the western side of the Khasra No.356, a road was constructed for ingress and egress of the patients, hospital staff and other visitors to the ILBS Hospital and that on the eastern side there is a wall existing in Khasra No. 360 and on the northern side there is also another wall existing in Khasra No. 353 and despite the said land bounded by all the above as detailed in paragraph 3.11 of the petition, it is alleged by the petitioner that the officials of the respondent along with the police officials and officials from other authorities came to the land of the petitioner on 25.7.2016 and tried to evict the petitioner from the said land despite the orders dated 17.3.1999 and 23.8.2006 adverted to hereinabove and proceeded to demolish the structure of the petitioner and that pursuant thereto the petitioner had moved the proceedings in CM(Main) 606/2016 and vide order dated 2.8.2016 adverted to herein above the parties were directed to maintain status quo in terms of the order dated 23.8.2006 with it having been submitted on behalf of the petitioner that the DDA had also been impleaded as a party to that suit.
It is submitted on behalf of the petitioner that the officials of the Revenue Department and the respondent No.3 are in the process of preparation of the final survey report and of creating evidence de hors the previous survey reports/ demarcation reports which may adversely affect the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.04.2022 11:54:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
rights of the petitioner. A further submission is made on behalf of the petitioner that a representation dated 17.12.2020 was also made by the petitioner to the respondent nos. 1,2 and 3 herein making a request that the records and report that are already placed on record by the applicant of the surveys conducted previously be taken into account at the time of the demarcation being conducted.
On behalf of the respondent Nos. 1, 2, 4, 6 and 7 it is submitted that the process of demarcation in relation to the aspect of widening of the road connecting Mahipalpur Road from Andheria More to D-1 Block, Vasant Kunj, New Delhi has been done and that the relief, if any, against the said demarcation can be sought by the petitioner by challenge in terms of Section 28 of the Delhi Land Revenue Act, 1954, with reliance having been placed on the verdict of this Court in CM(M) No. 773/2013 dated 25.9.2014 titled Bhopal Singh And Ors. V. Delhi Development Authority And Anr. The contention is apparently correct. However all that the prayer as made and urged now on behalf of the petitioner is to the effect that the survey report of the year 2008 i.e. dated 07.04.2008 and the survey conducted in the year 2016 adverted to in para 6 of the representation dated 17.12.2020 of the petitioner made to the respondent Nos. 1,2 and 3 herein and that representation dated 17.12.2020, annexed as Annexure P-12 to the petition that had been made and the copy of which report is stated to be annexed as Annexure A-7 to the representation dated 17.12.2020 be taken into account at the stage of preparation of the final survey report.
In view thereof, in the interest of justice, it is considered appropriate that the respondent Nos. 1,2,4 shall take into account the survey reports of the year 2008 dated 07.04.2008 and of the year 2016 as well as the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.04.2022 11:54:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
representation dated 17.12.2020 made by the petitioner to the respondents No. 1 to 3 at the time of preparation of the final survey report.
The petition is disposed of.
ANU MALHOTRA, J APRIL 4, 2022/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.04.2022 11:54:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.