Delhi High Court - Orders
Yogesh Batra & Anr vs Union Of India & Ors on 7 February, 2024
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1863/2024 & CM APPL. 7784/2024, CM APPL. 7785/2024
YOGESH BATRA & ANR. ..... Petitioners
Through: Mr. Rudro Chatterjee, Mr.Zameer
Ahmed & Ms. Tanvir, Advs.
M: 9650681713
Email: [email protected]
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Mr. Kushagra Kumar, GP for
UOI.
M: 9818030700
Email: [email protected]
Ms.Shobhana Takiar, SC, DDA for
R-2.
M: 9810962950
Email: [email protected]
Mr. Arun Panwar, Panel Counsel,
GNCTD with Mr. Utkarsh Singh,
Advs.
M: 7827545811
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 07.02.2024 CM APPL. 7785/2024 (for Exemption)
1. Exemption allowed, subject to just exceptions.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2024 at 23:08:36
2. Application is disposed of.
W.P.(C) 1863/2024 & CM APPL. 7784/2024
3. The present writ petition has been filed praying for directions to restrain respondent nos. 1 to 4, more particularly respondent no.2, from carrying out demolition of the houses at Toot Sarai Colony (Khirki Extension), Malviya Nagar, New Delhi.
4. Learned counsel appearing for the petitioner submits that the petitioners and other residents of Khirki Extention/Toot Sarai are lawful owners/occupiers of their respective properties and the colony has been regularized. It is further submitted that the rights of the petitioners and other residents under Article 21 of the Constitution of India are being affected, as the action taken by the Delhi Development Authority ("DDA") is totally arbitrary and unconstitutional. It is submitted that no notice has been issued to the petitioners before taking any action.
5. Learned counsel appearing for the petitioners has drawn the attention of this Court to Annexure P-2 which is a Satellite Map of the colony, wherein it has been stated that the colony has been regularized vide notification being GNCTD Registration No. 897 Khirki Extension Malviya Nagar, New Delhi-17.
6. It is further submitted that many of the residents have conveyance deeds in their favour. Moreover, the rest of the residents who are owners of the property, have already applied for issuance of conveyance deeds in their favour.
7. Learned counsel for the petitioner also relies upon The National Capital Territory of Delhi (Recognition of Property Rights in Residents in Unauthorised Colonies) Act, 2019 ("Act of 2019"). It is submitted that the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2024 at 23:08:36 said Act has specifically been enacted for the purposes of recognising the property rights of residents in unauthorised colonies, so that the rights of ownership of the residents are secured.
8. Learned counsel for the petitioner relies upon the Preamble of the 2019 Act as well as Sections 2 and 3 therein, which read as under:
"1. (1) This Act may be called the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019.
(2) It extends to the National Capital Territory of Delhi.
2. In this Act, unless the context otherwise requires, -
(a) "resident" means a person having physical possession of property on the basis of a registered sale deed or latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration in respect of a property in unauthorised colonies and includes their legal heirs but does not include tenant, licensee or permissive user;
(b) "unauthorised colony" means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in pursuance to the notification number S.O. 683(E), dated the 24th March, 2008 of the Delhi Development Authority, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 24th March, 2008.
3. (1) Notwithstanding anything contained in the Indian Stamp Act, 1899 and the Registration Act, 1908 as applicable to the National Capital Territory of Delhi or any rules or regulations or bye-laws made thereunder and the judgment of the Supreme Court in the case of Suraj Lamp & Industries (P) Ltd. Vs. State of Haryana & others, dated the 11th October, 2011, the Central Government may, by notification in the Official Gazette, regularise the transactions of immovable properties based on the latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration for conferring or recognising right of ownership or transfer or mortgage in regard to an immovable property in favour of a resident of an unauthorised colony.
xxx xxx xxx"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2024 at 23:08:36
9. Thus, it is submitted that the action by the DDA without any notice to the petitioners, is without any authority.
10. Learned counsel appearing for the petitioners further submits that petitioner no.1 is the Secretary of the Resident Welfare Association ("RWA") of the Toot Sarai Colony, Khirki Extension, Malviya Nagar, New Delhi. He submits that since the present petition was filed in a great hurry owing to the demolition action being undertaken by the DDA, the RWA could not be impleaded as a party. He submits that he shall take appropriate steps expeditiously to implead the RWA of the colony.
11. Per contra, Ms. Shobhana Takiar, learned Standing Counsel appearing for the DDA submits that the land in question is a Government land and that action is being taken to remove the encroachment existing on Government land. She further submits that wherever the parties have been able to show conveyance deeds in their favour, the DDA is not taking action against such properties.
12. She further submits that commercial properties have been demolished, as the same constitute encroachment, since the colony in question is primarily a residential colony.
13. Issue notice. Notice is accepted by learned counsels appearing for respondent nos. 1, 2, 3 and 4.
14. Let reply be filed within a period for two weeks.
15. Rejoinder thereto, if any, be filed within one week thereafter.
16. Petitioners are directed to make a list of all the residents of the colony in question indicating the documents in their possession, which show the entitlement of the respective residents to occupation of the properties occupied by them.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2024 at 23:08:37
17. Let the aforesaid table be filed by the petitioner within a period of four weeks.
18. Considering the submissions made before this Court, it is noted that learned counsel for the petitioners has been able to make a prima facie case in their favour.
19. This Court records that prima facie it appears that the colony in question has already been regularised. Further, in terms of the aforesaid Act of 2019, steps are being taken for the purposes of recognising the property rights of the residents of various unauthorised colonies, by securing their rights of ownership or transfer or mortgage.
20. This Court also notes that residents in unauthorised colonies have been recognised, whose occupation is on the basis of the registered Sale Deed or Power of Attorney or Agreement to Sell, Will, Possession Letter or other documents including documents evidencing payment of consideration in respect of the properties in unauthorized colonies. Besides, the colony in question is stated to have been regularised.
21. In view thereof, this Court is of the considered view that prima facie the petitioners have rights over the properties, which they are occupying.
22. Considering the submissions made before this Court, it is directed that status quo be maintained by the parties till the next date of hearing.
23. Re-notify on 15th March, 2024.
MINI PUSHKARNA, J FEBRUARY 7, 2024/kr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2024 at 23:08:37