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Delhi High Court - Orders

Stevan Austin Godin vs Government Of Nct Of Delhi & Ors on 10 February, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~26
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 2651/2022
                                 STEVAN AUSTIN GODIN                              ..... Petitioner
                                              Through:            Mr.Vivek Kumar Tandon, Adv.

                                                    versus

                                 GOVERNMENT OF NCT OF DELHI & ORS       ..... Respondents
                                             Through: Mr.Anuj Aggarwal, ASC, GNCTD
                                                      with    Ms.Ayushi       Bansal   and
                                                      Mr.Sanyam Suri and Ms.Vishnupriya
                                                      Pandey, Advs. for respondent nos. 1
                                                      to 4.

                                 CORAM:
                                 HON'BLE MR. JUSTICE YASHWANT VARMA
                                              ORDER

% 10.02.2022 [VIA VIDEO CONFERENCING] CM APPL. 7618/2022(Exemption) Allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) 2651/2022 & CM APPL. 7617/2022(Stay) Notice shall issue to the respondents. Since those respondents are duly represented by Mr.Anuj Aggarwal, learned ASC, let a counter affidavit be filed in this petition within a period of two weeks.

For the purposes of considering the prayer for interim protection, the Court firstly takes note of the reasons recorded by it in W.P.(C) 2539/2022 while according interim protection to the petitioner there and which had raised an identical challenge. The only exception here being the petitioner Signature Not Verified Digitally Signed By:BHAWNA Signing Date:10.02.2022 17:06:58 obtained title over the plots in question by virtue of a sale which came to be effected after the issuance of the notification under Section 4 of the Indian Forest Act, 1927.

In this particular matter also, the petitioner lays claim over plots bearing Khasra Nos. 1258, 1268, 1269 and 1270, falling in Village Asola. It is his case that no encroachments have been made on Khasra No. 1257, which forms the subject matter of the impugned notice. In view of the above, the respondents shall, till the next date of listing, stand restrained from taking any coercive action against the properties of the petitioner.

List on 04.03.2022.

YASHWANT VARMA, J.

FEBRUARY 10, 2022/bh Signature Not Verified Digitally Signed By:BHAWNA Signing Date:10.02.2022 17:06:58