Delhi High Court - Orders
Shri Roshan Lal vs Government Of Nct Of Delhi & Ors on 1 September, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Sanjeev Narula
$~11.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4215/2021 and C.M. Nos. 12806/2021 & 22696/2022
SHRI ROSHAN LAL ..... Petitioner
Through: Mr. Manish Chauhan & Mr. Siddhant
Tyagi, Advocates.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Asiya Khan and Mr. Nishchaya
Nigam, Advocates with SI Manoj
Kumar, PS-Mundka, for the
respondents No.1-4 & 6-8/ State.
Ms. Sangeeta Bharti, Standing
Counsel with Ms. Malvi Balyan &
Ms.Aarushi Behl, Advocates for
respondent No.5/ DJB.
Mr. Arjun Pant, Advocate with
Mr.Atul Mathur, Patwari (LM-WZ,
DDA), for the respondents No.9-11/
DDA.
Ms. Mansi Bajaj & Ms. Tanushree
Chakraborty, Advocates for
respondent No.12/ Nr.DMC.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 01.09.2023
1. The present Public Interest Litigation (PIL) has been filed by the petitioner praying for removal of encroachments in respect of Shishuwala 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 16/09/2023 at 15:19:52 Pond situated at Khasra No. 190/1, Village Mundka, New Delhi and to protect the land from further encroachments. Another prayer has been made to revive, restore and maintain the said pond.
2. The writ petition was filed in the month of February 2021 and various orders have been passed by this Court in the present matter from time to time.
i) On 25.08.2021, notices were issued to all the respondents and they were directed to file their counter-affidavits. In spite of repeated opportunities, all counter-affidavits have not been filed in the matter.
The Delhi Jal Board (DJB) has filed their counter-affidavit in the matter on 23.09.2021. The erstwhile North Delhi Municipal Corporation filed a short counter-affidavit on 10.12.2021. The Delhi Development Authority (DDA) has filed a short affidavit on 25.02.2022.
ii) On 12.05.2022, this Court directed the petitioner to place on record the latest photographs of the site to establish that the water body has been drained out and soil has been dumped in the pond in question. At the same time, DJB was directed to ensure that the water body is not destroyed and no illegal activity is carried therein.
iii) Thereafter, on 05.07.2022, the DJB informed this Court that there are certain encroachments around the water body. In those circumstances, the DDA as well as the Delhi Police were directed to remove the encroachments so that the pending work of rejuvenating the water body can be completed. The respondents were granted four weeks' time to file fresh status reports.
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 16/09/2023 at 15:19:52
iv) On 22.08.2022, learned counsel appearing for the Government of National Capital Territory of Delhi (GNCTD) as well as learned counsel appearing for the DDA stated before this Court that a survey had to be carried out to demarcate the land and for removal of encroachments. On the said date, learned counsel for the DDA agreed to pay the charges for the said survey. In those circumstances, ten weeks' time was granted by this Court to complete the survey, and further four weeks time was granted to remove the encroachments, if any, after the demarcation is carried out.
v) On 20.12.2022, learned counsel appearing for the DDA informed this Court that approximately 60% of the survey/ demarcation was over and the same is being done by M/s Intech Engineers, Surveying & GIS Mapping Consultant. Again, a prayer was made for grant of six weeks' time to complete the survey. This Court granted time as prayed for.
vi) On 25.04.2023, the DDA again sought time to complete the demarcation process.
vii) On 18.08.2023, again time was sought by the DDA to file an updated status report. Till date demarcation of the land in question has not been completed, and as a result, encroachments have not been removed till date.
3. In these circumstances, this Court is left with no other choice except to direct personal appearance of the concerned Director of DDA before this Court and to ascertain as to why the demarcation process has not been completed and the encroachments have not been removed so far.
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 16/09/2023 at 15:19:52
4. Learned counsel for the DDA has stated before this Court that the Revenue Authorities are not cooperating in the matter and various queries were raised to them from time to time, which is causing delay.
5. The Sub-Divisional Magistrate (SDM) of the concerned locality is also directed to personally remain present before this Court on the next date of hearing.
6. In the meantime, the concerned Director of the DDA as well as the SDM of the concerned locality are directed to file their respective affidavits as to why demarcation has not been completed so far and encroachments have not been removed.
7. Mr. Nishchaya Nigam, learned counsel appearing on behalf of the GNCTD undertakes to communicate this order to the SDM of the concerned locality.
8. The DJB is also free to file a fresh status report in the matter.
9. List on 13.09.2023.
SATISH CHANDRA SHARMA, CJ SANJEEV NARULA, J SEPTEMBER 1, 2023 B.S. Rohella 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 16/09/2023 at 15:19:52