Central Information Commission
Shri Bali Ram vs Delhi Development Authority on 16 July, 2009
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/000498
Appellant : Shri Bali Ram
Public Authority : Delhi Development Authority
(through Shri Zile Singh Yadav, Tehsildar & Shri
Goverdhan Prasad, Asstt. Director (LM) (NZ))
Date of Hearing : 13.7.2009
Date of Decision : 16.7.2009
Facts
By his letter of 12.12.2008, the appellant had requested for a copy of the Inspection Report submitted by Shri Rajinder Singh, Naib Tehsildar in respect of Property No. WZ-117, Sakurpur, Delhi-34. The CPIO had informed him vide letter dated 26.3.2009 that a copy of the report could be obtained from Tehsildar, Saraswati Vihar, Government of Delhi. Dissatisfied with this, he has filed the present appeal before the Commission.
2. The matter was heard on 13.7.2009. The appellant is present. The public authority is represented by the officers named above. It is the submission of the Appellant that his family is in occupation of property No. WZ 117 Shakarpur since last 300 years and he is being harassed by DDA officials from time to time by way of demolition of his dwelling unit. He has produced before the Commission a copy of the order dt.3.3.93 passed by the Addl. District Judge, Delhi., the operative part of which is extracted below:
"The appellant's appeal is partly allowed. The construction of illegal 2 rooms by appellant is appeared. The appellant had only two rooms but later on went on adding rooms after rooms and has now 12 rooms. Site plan no where shows location of the Samadhi. This shows that the appellant has taken into possession a large area beyond Samadhi. The application of the appellant under order ... and 2 is partly accepted. Defendant DDA should not dispossess the appellant from the area falling in Khasra No.30/26/2 which was left unacquired by DDA. DDA would be free to take action against the area to which the appellant had unauthorisedly extended and indiscriminately constructed so many rooms just to grab the property."
It is his submission that this order is valid till date and has not been set aside by any superior court and that as per this order Khasra No.30/26/2 was left unacquired by DDA and, therefore, his dwelling unit in this Khasra cannot be disturbed by DDA.
3. It is his further submission that part of his dwelling unit stretches over to Khasra No.30/26/1 and that the said Khasra No. was also not acquired by DDA. In this connection, he has produced before the Commission a copy of the report filed by Shri Pradeep Kumar, then Tahsildar, Saraswati Vihar on 16.8.1999 before Shri V.K.Goel, Civil Judge, Delhi. Para 6 of the said report is extracted below:
"The undersigned along with revenue staff and revenue records was also present on 16.7.99 where Shri Rajinder Singh, Naib Tehsildar, Shri Vijay Kumar, Patwari of New Lease Dept. of DDA and Shri Bhim Singh Kanungo of Land Management Department of DDA was also present on behalf of respondent i.e. DDA. Shri Bali Ram was also present being petitioner. The revenue records were checked and is was found that khasra No.30/26/1 has been shown acquired by the DDA vide Award No.2112 but the left out portion i.e Khasra No.30/26/1 has not been identified in revenue records and Award file as no Tatima or dimensions of Khasra No.30/26/1 has been indicated in the Award file or revenue record. However, it was revealed that a list of Area left out from being acquired in the said Award due to being built up prior to acquisition in aforesaid Khasra is annexed to the Award and the name of Shri Medan S/o Badlu appears at S.No.13 of the said list. That means the suit property at WZ-117, village Shakurpur has been left out from acquisition for the reason being built-up prior to acquisition.
During physical inspection of the suit property also it was found that the same is built up and towards its front facing road No.43, the area encroached upon by the petitioner has already been cleared by the DDA from encroachment and the same is lying vacant at present.
It is, therefore, confirmed that the built-up suit property of the plaintiff falls in the area which has been left out from acquirement by the DDA as listed in the Award No.2112 for the reason being built up before the acquirement of the said land in village Shakurpur as per award."
4. It is thus, his, submission that he and his family are in occupation of Khasra No.30/26/2 for centuries and this has been upheld by Addl. District Judge, Delhi vide order dt.3.3.93. It is also his submission that Tehsildar, Saraswati Vihar in his report referred to above had mentioned that Khasra 30/26/1 had been acquired by DDA vide award No.2112 but procedural formalities were not completed in regard thereto. It is his submission that since this area is built up and in possession of his family, he had requested Land & Building Department of Delhi Administration to denotify this property but on the basis of a false report filed by DDA, the entire property covering Khasra No.30/26/1 could not be denotified.
INTERIM DECISION
5. The matter is adjourned to 18.8.2009 at 11.50 hrs. Let notices be issued to the parties for appearance.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L.Das) Asst. Registrar
1. Shri Bali Ram WZ-117, Budh Bazar Road Near Barat Ghar Shakurpur Delhi 110 034
2. The CPIO Delhi Development Authority LSC, LU Block Pitampura New Delhi
3. The Appellate Authority Delhi Development Authority Vikas Sadan INA New Delhi