Delhi High Court - Orders
Ajay Sinhal vs Govt Of Nct Of Delhi & Ors on 18 May, 2023
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6733/2023 & CM APPLs. 26338/2023 & 26339/2023
AJAY SINHAL ..... Petitioner
Through: Mr. Premashis Choudhury and
Mr. Ankit Choudhury,
Advocates (M:9811074212)
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Anupam Srivastava, ASC-
GNCTD and Mr. Vasuh Misra,
Advocate for R-1 to 4
(M:9730835755)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 18.05.2023 [Physical Hearing/ Hybrid Hearing] CM APPL. 26339/2023 (under Section 151 CPC)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 6733/2023 & CM APPL. 26338/2023
3. In the present writ petition the petitioner has prayed for declaring the notice bearing No. F.No.67/DCF(S)/land/ Nebsarai/ 2022-23/ 788-93 dated 26/04/2023 regarding encroachers in Khasra No. 532 in village Nebsarai, New Delhi, as illegal and malafide. It is submitted that the petitioner is residing at House No. 21 in Khasra No- 529, Nebsarai, New Delhi, whereas notice dated 26.04.2023 issued on behalf of the respondents pertains to Khasra No.532. Thus, it is submitted that the petitioner has wrongly been issued notice by the Forest Department.
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 24/09/2023 at 14:30:16
4. Attention of this Court has been drawn to Agreement to Sale, Power of Attorney and Will in favour of the petitioner, wherein it is clearly stated that the petitioner is owner of plot situated in Khasra No. 529. On the other hand, the notice issued by the Forest Department pertains to Khasra No. 532.
5. Issue notice. Notice is accepted by ld. Additional Standing Counsel for respondent Nos. 1 to 4.
6. Ld. ASC at the outset submits that though the property of the petitioner is situated in Khasra No. 529, however, the petitioner has encroached upon the forest land in Khasra No. 532 to the extent of approximately 6 to 8 feet. He further submits that though the documents of the petitioner pertain to Khasra No. 529, however, the house of the petitioner has been constructed on Khasra No. 531.
7. Ld. ASC has handed over copy of extract of map of the village and the Google Map as well as the photographs showing the extent of construction. By reference to the said documents, it is submitted that the petitioner has encroached upon forest land by extending his boundary wall towards the forest land situated in Khasra No. 532.
8. Ld. counsel for the petitioner submits that if that be the case, the petitioner shall remove any encroachments existing on the forest land.
9. Ld. counsel for the petitioner submits that he shall remove the encroachment, if any, from the land of the Forest Department in Khasra No. 532, if the petitioner is shown the actual extend of encroachment.
10. In view thereof, it is directed that the petitioner shall visit the office of Mr. Mandeep Mittal, Deputy Conservator of Forest (South), 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 24/09/2023 at 14:30:16 on 24.05.2023 at 4:00 PM.
11. Upon identification of extent of encroachment of the property of the petitioner on the forest land in Khasra No. 532, the petitioner may proceed to remove the said encroachment.
12. In view thereof, in the meanwhile no coercive action may be taken on the property of the petitioner bearing House No. 21 in Khasra No-529, Nebsarai, New Delhi, till the next date of hearing.
13. List for hearing on 13.07.2023.
MINI PUSHKARNA, J MAY 18, 2023 au 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 24/09/2023 at 14:30:17