Delhi High Court - Orders
Sultan Singh Deswal & Ors vs Government Of Nct Of Delhi & Ors on 4 April, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5601/2022
SULTAN SINGH DESWAL & ORS. ..... Petitioners
Through: Mr. Abhinav Vashisht, Sr. Adv. with
Mr. N.S. Vashisht and Mr. M.P.
Bhargava, Advs.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Satyakam, ASC with Ms. Jyoti
Mehra, Adv. for R-1 to R-3.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 04.04.2022 CM APPL. 16618/2022
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 5601/2022 & CM APPL. 16619/2022(Stay)
3. The Court is apprised that dealing with an identical controversy, it had passed the following order in W.P.12404/2021:-
"These petitions were heard by the Court and interim orders of protection made in light of the apprehension of imminent eviction. From the affidavits which have been filed on behalf of the State respondents, the Court is apprised that the entire exercise of identification and safeguarding of forest land was undertaken by the respondents pursuant to the directions issued by the National Green Tribunal in the matter of Sonya Ghosh Versus Goverment of NCT of Delhi and Others.
Mr. Satyakam, who appears for the respondents, however, draws the attention of the Court to challenges to the demarcation undertaken in 2017 and 2019 as are raised and urged by the petitioners in the affidavits Signature Not Verified Digitally Signed By:NEHA Signing Date:06.04.2022 15:05:38 in rejoinder which have been filed. Learned counsel in his usual fairness suggested that in order to allay all such doubts, the respondents are willing to undertake an exercise of verification by demarcation so that the veracity of the doubts that are raised may be duly evaluated and the entire controversy laid to rest. The aforesaid suggestion as mooted is accepted by learned counsels appearing for the petitioners.
In view of the aforesaid, this Court is of the considered view that the suggestion as put forth would merit acceptance. Accordingly, the claims of the petitioners as raised in this batch and which also relate to the actual location of their respective properties or parts thereof existing on khasras which are asserted to be part of forest land may be duly verified by way of demarcation in order that the controversy raised in these writ petitions may be finally laid to rest. The aforesaid exercise shall be undertaken at the cost of the petitioners. The exercise may be completed within a period of four weeks from today and a status report drawn by the respondents in this respect. The report may be circulated amongst parties on or before the next date fixed."
4. The dispute here pertains to Khasra No.477, 482, 483 and 488 falling in Village Neb Sarai.
5. Mr. Satyakam, learned counsel appearing for the respondents states that subject to all contentions on merits being kept open, the respondents shall duly undertake the exercise of verification by way of demarcation as per the provisions made in the earlier order passed and submit a status report on or before the next date fixed. The Court further provides that the exercise of verification shall be undertaken with due notice to the petitioners here.
6. The Court takes note of the admitted fact that the petitioners in W.P.12404/2021 had been accorded interim protection in the meanwhile. In view of the above, it is provided that the respondents shall stand restrained from taking any coercive action against the property of the petitioner till the next date of listing.
7. The Court further notes and reserves the right of the petitioner to raise any objection that they may have to the ultimate verification report which is Signature Not Verified Digitally Signed By:NEHA Signing Date:06.04.2022 15:05:38 proposed to be filed.
8. List again on 30.08.2022.
YASHWANT VARMA, J.
APRIL 4, 2022/neha Signature Not Verified Digitally Signed By:NEHA Signing Date:06.04.2022 15:05:38