Delhi High Court - Orders
Manick Wadhwa vs Gnctd & Ors on 19 November, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
KAMLESH KUMAR
20.11.2020 22:52
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6324/2020, CM APPL. 22448/2020, CM APPL. 25911/2020
CM APPL. 25912/2020 & CM APPL. 26947/2020
MANICK WADHWA .... Petitioner
Through: Mr. Amit Sharma, Advocate.
versus
GNCTD & ORS. .....Respondents
Through: Mr. Naushad Ahmed Khan, ASC for
R-1/GNCTD alongwith Mr. Zahid,
Advocate.
Mr. Rikesh Singh, Advocate for R-4.
Mr. Kapil Sibal, Sr. Advocate with Mr.
Khowaja Siddiqui, Mr. Ashwini Kumar, Mr.
Arup Sinha, Mr. Raj Kamal and Mr. Koshy
John, Advocates for R-5 & R-6.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 19.11.2020 The hearing was conducted through video conferencing.
1 The petitioner's stance has been that public monies are being misappropriated by private parties. However, he chose not to implead the relevant private parties, a widow and her son, to whom the rents were being paid by Hindustan Petroleum Corporation Limited ('HPCL') for running a petrol filing station pump from land they claimed to be theirs. The private parties, R-5 and R-6, were subsequently impleaded in these proceedings 2 It has been the petitioner's position that he had stopped for taming services at the petrol station, when he was distracted by a heated verbal altercation between some persons there regarding government monies being misappropriated. What he heard, roused the latent public-spirited citizen in him. He culled-out extensive details in a couple of weeks and filed this petition seeking to set aright what he considered was a gross public wrong. The documents annexed by him with the writ petition deal with a dispute between the private parties, R-5 and R-6 and one Mr. Sanjeev Malik, who claimed ownership over the property.
3 The learned Senior Advocate for R-5 and R-6, submits that this is nothing but a proxy litigation propped up by Mr. Sanjeev Malik, who wishes to deprive the widow and her son of their lawful rents from R- 4/HPCL for use of the latter's property. Sanjeev Malik had sought reliefs against R-5 and R-6, apropos the said land, in suit bearing CS No. 50659/2016 titled Sanjeev Malik vs. Amarjit Kaur & Ors.. It was dismissed on an application moved by R-5 and R-6 under Order 7 Rule 11 of the Code of Civil Procedure, 1908. While in another suit, CS. No. 40/2009, R-5 and R-6 sought payment of monies for use of their property by HPCL. It was decreed. HPCL was directed to pay Rs. 10 crores as arrears of rent and subsequent mesne profits/rents with yearly enhancements. An appeal against the said judgement/decree i.e. RFA No. 20/2016 was dismissed by this Court on 31.07.2019. The said order has become final apropos the rights of R-5 and R-6 vis-a-vis HPCL. Copy of the said judgement/decree dated 09.10.2015 is on record. It is stated that Rs. 10 crore has been received the decree-holders, R-5 and R-6, and they are being paid the monthly rentals in terms of the decree.
4 Interestingly, there is no mention of the source of these documents annexed to the petition. However, it is now stated to have been obtained through the Office of the SDM. They pertain to land records in the mutated in favour of the Gaon Sabha. If the documents were so procured, the relevant RTI application for supply of the same, should have been adduced. The source of the documents is not fully explained, thus lending veracity to contention that they were possibly supplied by some other person, as a front.
5 In so far as the rents are being paid by HPCL to R-5 and R-6 under a court decree, there is no occasion for this court to interfere in the inter se established rights of the parties. Therefore, the stay order of this Court dated 11.09.2020 is vacated. The rentals shall be paid to R-5 and R-6 in terms of the decree.
6 However, an issue is raised by the petitioner, as to whether the land belongs to the Gaon Sabha. The learned ASC for the GNCTD submits that the land does indeed belong to the Gaon Sabha, as per the order dated 23.06.1981 in proceedings under Section 81 of the Delhi Land Reforms Act, 1954.
7 On a query as to whether the said order was ever communicated to the parties concerned, the learned ASC for the GNCTD states that the records would have to be looked into. Its officers concerned, are said to be indisposed due to the pandemic. Be that as it may, R-5 and R-6 have been in settled position for the past nearly 60 years, as can be seen from the permission given by the authorities setting up of the petrol pump. The Delhi Municipal Corporation and the Transport Department, Delhi had in 1961 and 1963, respectively granted 'No Objection' for the petrol station. The permission from the District Magistrate, Delhi i.e. the Deputy Commissioner, a Senior Revenue Officer, prima facie shows that the matter was examined and that R-5 and R-6 had rights in the land. Copies of the said permissions are reproduced hereunder:
8 The Court would note that the No Objection Certificate ('NOC') has been granted by the District Magistrate in 1963 for installation of a filling station at 11/1, Mathura Road as shown in the site plan. The Municipal Corporation too granted permission on the same basis. The location of the land was clearly indicated the site plan and has been duly dealt with in the NOC. However, the learned counsel for the petitioner submits that the khasra number is not mentioned therein. 9 Be that as it may, insofar as the District Magistrate has not raised any objection to the setting up of the petrol filling station and R-5 and R-6 being in a settled position for more than half a century, their rights cannot be disturbed in this writ petition, where the petitioner's locus standi is unclear. If the State were to raise a claim on the said land, it will have to deal with all these facts and other aspects of law; after duly notifying the parties concerned. The learned ASC for the GNCTD submits that the lis has been decided between the private parties, and the State was never a party to those proceedings. 10 No further orders are required.
11 The petition, along with pending applications, is disposed-off in the above terms.
12 The order be uploaded on the website forthwith.
NAJMI WAZIRI, J NOVEMBER 19, 2020 RW