Delhi High Court
Rekha Khaitan & Anr vs Nct Of Delhi on 7 May, 2013
Author: V.K. Jain
Bench: V.K.Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: .07.05.2013
+ W.P.(C) 2964/2013 & CM 5592/2013 (interim relief)
KIRAN KUMAR SOIN
..... Petitioner
Through: Mr. I.C. Mishra, Adv.
versus
GOVT OF NCT OF DELHI & ORS
..... Respondent
Through: Ms. Zubeda Begum, Adv. for GNCTD
Mr. Bakul Jain for Ms. Sujata Kashyap,
Adv. for R-1
And
+ W.P.(C) 2967/2013 & CM 5598/2013 (stay)
REKHA KHAITAN & ANR
..... Petitioner
Through: Mr. Jayant K. Mehta, Mr. A.T. Patra, Mr.
O.P. Khaitan, Ms. Bhanti Bodesya and Mr.
P. Alok, Advs.
versus
NCT OF DELHI
..... Respondent
Through: Ms. Zubeda Begum, Adv. for GNCTD
Mr. Bakul Jain for Ms. Sujata Kashyap,
Adv. for R-1
And
+ W.P.(C) 2973/2013 & CM 5606/2013 (exemption) and CM 5605/2013 (stay)
RUHI SETH
..... Petitioner
Through: Mr. Ravi Gupta,Sr. Adv. with Mr. Rajesh
Yadav and Ms. Ruchitra, Advs.
versus
W.P.(C)Nos.2964/2013,2967/2013& 2973/2013 Page 1 of 5
GOVT OF NCT OF DELHI & ORS
..... Respondent
Through: Ms. Zubeda Begum, Adv. for GNCTD
Mr. Bakul Jain for Ms. Sujata Kashyap,
Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN
JUDGMENT
V.K.JAIN, J. (ORAL) CM 5599/2013 (exemption) in W.P(C) No.2967/2013 CM 5606/2013 (exemption) in W.P(C) No.2973/2013 Exemption allowed subject to all just exceptions.
The application stands disposed of.
W.P.(C) 2964/2013 & CM 5592/2013 (interim relief) W.P.(C) 2967/2013 & CM 5598/2013 (stay) AND W.P.(C) 2973/2013 & CM 5605/2013 (stay)
1. The case of the petitioners in W.P(C) No.2967/2013 namely Ms. Rekha Khaitan and Mr. Gautam Khaitan is that they are owners of the land comprised in Khasra no.39/20/2 situated in Village Dera Mandi, Teshil Mehrauli and a notice dated 3.5.2013 has been issued to them by BDO, South, requiring them to remove themselves from the aforesaid land on the ground that the said land is comprised in Khasra No.39/20/1 and 39/21/2 which belongs to Gram Sabha. The petitioners do not claim any right, title or interest in the land comprised in Khasra no.39/20/1 and 39/21/2.
2. The petitioner in W.P.(C) No. 2964/2013 namely Kiran Kumar Soin claims to be the owner of land measuring 17 bighas and 6 biswas, jointly with Smt. W.P.(C)Nos.2964/2013,2967/2013& 2973/2013 Page 2 of 5 Champa Soin and Smt. Binu Soin, stated to be comprised in Khasra no.67/25, 21, 22, 23, 24, 17, 18 and 68 of Village Dera Mandi, Tehsil Mehrauli. A notice dated 3.5.2013 has been issued to him by the BDO, South stating therein that he has encroached upon the land measuring 1 bigha and 12 biswas comprised in Khasra no.68/24. He has also been directed to remove the unauthorized occupation from the aforesaid land which is stated to be Gram Sabha land and make it free from all encumbrances. The petitioner in this case does not claim any right, title or interest in the land comprised in the Khasras stated in the notice issued by the BDO.
3. The petitioner in W.P.(C) No.2973/2013 namely Mrs. Ruhi Seth claims to be the owner of the land measuring 19 bighas and 14 biswas comprised in Khasra nos.6(4-12), 7/1(3-8), 15(4-12), 14/2(4-10) and 17/1(2-12)., situated in the revenue estate of Village Dera Mandi, Delhi. She also has been issued notice dated 3.5.2013 by BDO, South alleging therein that she has encroached upon the Gram Sabha land measuring 1 bigha 8 biswas comprised in Khasra no.38/7/2 and asking her to remove unauthorized occupation from the aforesaid Gram Sabha land making it free from all encumbrances. The petitioner in this case does not claim any right, title or interest in the land comprised in the Khasras stated in the notice issued by the BDO.
4. In the notice issued in W.P(C) No.2967/2013, the BDO has relied upon demarcation report dated 8.4.2013, in W.P(C) No.2964/2013, he has referred to a demarcation report dated 22.4.2013, whereas in W.P(C) No.2973/2013, the BDO has again referred to a demarcation report dated 8.4.2013.
5. The primary dispute between the parties, therefore would be as to whether the land subject matter of the notice dated 3.5.2013 is comprised in Khasra numbers in which ownership is claimed by the petitioners or in Khasra numbers stated in the show cause notice.
W.P.(C)Nos.2964/2013,2967/2013& 2973/2013 Page 3 of 56. The grievance of the petitioners is that no opportunity of hearing was given to them by BDO before issuing the impugned notice directing them to remove their occupations from the aforesaid land and make it free from all encumbrances within a period of three days.
7. In a writ petition, the Court cannot go into the disputed questions of facts such as whether the land in question falls in Khasras claimed by the petitioner or the land falls in Khasra nos. claimed by BDO. It is for the concerned Revenue Officer to go into this question and take a view after hearing the petitioners and considering the documents on which they rely in support of the ownership claim by them. The only order which can be passed in these petitions is that the respondents should give an opportunity of hearing to the petitioners before requiring them to remove their occupations in respect of the land, which the respondents claim to be Gram Sabha land. The petitioners are, therefore, directed to submit their respective reply to the notice dated 3.5.2013 within a period of one week from today along with such documents as they may have in support of their case that the land in question falls in the Khasras claimed by them. Mr. Ravi Gupta, learned senior counsel for the petitioner in W.P(C) No. 2973/2013 states that he is also challenging the jurisdiction of the BDO to pass an order directing them to remove themselves from the land in question. It would be open to the petitioner to take such plea while submitting their reply to the BDO. They shall also appear before the concerned BDO, for the purpose of hearing, on 20.5.2013 at 11 AM, in his office. No further opportunity of hearing will be given to the petitioners. The BDO, after considering the reply and documents of the petitioners and hearing them on the aforesaid date pass such order as he may deem appropriate, on the basis of the material available to him. Such an order shall be passed by him within one week of the hearing and shall immediately thereafter be conveyed to the petitioners.
W.P.(C)Nos.2964/2013,2967/2013& 2973/2013 Page 4 of 5The writ petitions stand disposed of accordingly. No action for removal of the petitioners from the land in question shall be taken before a fresh order is passed by the BDO in terms of this order.
Dasti under the signatures of Court Master.
V.K. JAIN, J MAY 07, 2013/rd W.P.(C)Nos.2964/2013,2967/2013& 2973/2013 Page 5 of 5