Delhi High Court - Orders
Rochana Jain Through Spa vs Department Of Forest And Wildlife ... on 14 February, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2786/2022
ROCHANA JAIN THROUGH SPA ..... Petitioner
Through: Mr. Sunil Fernandes, Mr. Pankaj
Tandon and Mr. Darpan Sachdeva,
Advs.
versus
DEPARTMENT OF FOREST AND WILDLIFE (GOVT. OF NCT
OF DELHI) AND ANR. ..... Respondents
Through: Mr. Naushad Ahmed Khan, ASC (C),
GNCTD.
Ms. Vishnupriya Pandey (Legal PA),
DCF (South).
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 14.02.2022 [VIA VIDEO CONFERENCING] CM APPL. 8028/2022 (exemption) Allowed, subject to all just exceptions.
Application shall stand disposed of.
W.P.(C) 2786/2022 and CM APPL. 8027/2022 (Stay) Notice shall issue to the respondents. Since those respondents are duly represented by Mr. Khan, learned Additional Standing Counsel, let a short affidavit / status report be filed in these proceedings on or before the next date fixed. Since issues raised here are identical to those which form subject matter of consideration in W.P.(C) 2651/2022, this matter shall stand Signature Not Verified Digitally Signed By:BHAWNA Signing Date:14.02.2022 17:52:30 tagged with that writ petition to be called on the date fixed.
For the purposes of considering the prayer for interim protection, the Court takes into consideration the submission that the interest of the petitioner over the subject land stood created prior to the inclusion of Khasra Nos. 766 and 769 in a notification issued under Section 4 of the Indian Forest Act, 1927. The rights of the petitioner have not been determined till date in accordance with the procedure contemplated under the 1927 Act. The petitioner further takes serious objection to the assumption of the respondents of an alleged encroachment over the plots forming part of the proposed reserved forest having been made even before any identification process or verification by way of demarcation had been undertaken. The matter requires consideration.
In view of the aforesaid and till the next date of listing, the respondents shall stand restrained from taking any coercive action against the properties of the petitioner pursuant to the impugned notice of 3 January 2022.
List on 04.03.2022.
YASHWANT VARMA, J FEBRUARY 14, 2022 SU Signature Not Verified Digitally Signed By:BHAWNA Signing Date:14.02.2022 17:52:30