Delhi High Court - Orders
Suresh Chand Goel & Anr vs Union Of India & Ors on 10 May, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6641/2022
SURESH CHAND GOEL & ANR. ..... Petitioners
Through: Mr.Nitin Mittal, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Vijay Joshi and Mr.Anirudh
Shukla, Advocates for R-1/UOI
Mr.Shaurya Dasgupta, Advocate for
Mr.Shadan Farast, ASC with SI
Pawan Kumar Police Station Swaroop
Nagar
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 10.05.2022 The petitioners vide the present petition make the following prayers:
(i) Directing the Respondent No.3 to not to interfere with raising/erection of Boundary Wall Around the Land in Khasra No.147, 2 Bigha, 10 Biswas, measuring about 2500 sq. yds. and Khasra No.146 measuring 1 Bigha 13 Biswas measuring about 1650 sq. yds., Bhalaswa Jahangirpur, Delhi and rather providing all necessary support or cooperation to the Petitioners to raise the same pursuant to the permission granted vide F.No.1240 /SDM/MT/ 2021/ 34426-427 dated 18.09.2021 by SDM-Model Town, Delhi.
(ii) To provide protection to maintain law and order situation at the site.
And/or
W.P.(C) 6641/2022 page 1 of 5
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:12.05.2022
19:28:57
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
(ii) Award costs in favour of the petitioner and against the respondent; and
(iii) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
It is inter alia submitted by the petitioner that the petitioner No.2 has purchased the agricultural land 02 biswas out of Khasra No. 146 min situated at village Bhalswa Jahangirpuri, Delhi by virtue of a sale deed, copy of which is placed on record as Annexure P-1 and that the Petitioner No.1 has purchased the agricultural land measuring 2 bighas 10 biswas out of Khasra No.147 min at village Bhalswa Jahangirpuri, vide a sale deed copy of which is annexed as Annexure P-2 to the petition.
Inter alia, it has been submitted by the petitioner that the petitioners are also recorded in the revenue records as being the owners of the property as per Annexure P-3, the khatauni placed on record.
Inter alia, it has been submitted by the petitioners that some Om Prakash and Associates who had taken the adjacent land tried to encroach upon the land by creation of the forged and fabricated documents pursuant to which FIR No.97/2020 Police Station Swaroop Nagar under Sections 467/468/471/420 of the Indian Penal Code, 1860 was registered and subsequently a settlement was arrived at between the petitioners and Om Prakash whereby they agreed to destroy their documents and not to disturb the possession of the land with the petitioners and a deed of settlement dated 14.3.2020 was executed and the said FIR was quashed on 22.6.2020 in W.P.(Crl.) 922/2020, copy of which proceedings are placed on record as Annexure P-7. It is contended by the petitioners that there were several W.P.(C) 6641/2022 page 2 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:12.05.2022 19:28:57 This file is digitally signed by PS to HMJ ANU MALHOTRA.
miscreants who tried to enter upon and encroach upon the land of the petitioners which was required to be protected from unauthorized entries and the petitioners had sought the assistance of the office of the SDM concerned for grant of necessary permission for erection of the boundary wall along the land which written representations were however not acceded to as a consequence of which the petitioners had filed W.P.(C) No. 2461/2021 and vide order dated 22.2.2021, copy of which is placed on record as Annexue P-9, the said petition had been disposed of with directions to the respondents thereto to dispose of the representation of the petitioners within a period of four weeks from the date of the order dated 22.2.2021.
Vide order dated 18.9.2021 vide F.NO.1240/SDM/MT/2021/34426- 427 of the SDM Model Town, Delhi the petitioner Suresh Chand Goel arrayed as petitioner No.1 to the present petition qua representation of the petitioner No.1 seeking permission to erect the boundary wall over the land comprising in Khasra No. 147(2-10) and 146(1- 13) in Bhalsawa, Jahangirpuri, Delhi, and it was vide the said order stated to the effect that the office of the SDM, Model Town, Delhi had no objection in respect of the construction of the boundary wall within a height not more than 5 feet and that it was further stated therein that the said order was not to be construed as proof of ownership of the land. There were directions for strict adherence to the norms by the petitioner No.1 complying with the directions of the MHA, MOHFW Govt. of India and Govt. of NCT of Delhi for containment of Covid-19 and to ensure social distancing, wearing of masks by the workers and the permission was granted with effect from the passing of the W.P.(C) 6641/2022 page 3 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:12.05.2022 19:28:57 This file is digitally signed by PS to HMJ ANU MALHOTRA.
said order.
The present petition has thus been filed by the petitioners submitting to the effect that despite the said order dated 18.9.2021 expressly granting permission to the petitioner No.1 to raise the requisite boundary wall within a height of not more than 5 feet, in relation to which information was given to the respondent No.3 by the petitioners vide a communication dated 9.1.2022, the petitioners were not permitted to raise the construction by the miscreants and land mafia.
During the course of the proceedings on 27.4.2022 time was sought on behalf of the respondent No.2 and 3 to seek instructions in the matter. On behalf of the respondent no.1 it has been submitted now that there is no objection to the prayer made by the petitioners. Learned counsel for the respondent Nos.2 and 3 also submits, on instructions received from the respondent Nos. 2 and 3, that they have no objection to the prayer made by the petitioners and submits that all that the respondent Nos. 2 and 3 seek is the specific date and time when the construction is sought to be raised by the petitioners on the land in question of the boundary wall of height not more than 5 feet with adherence to the directions dated 18.9.2021 of the SDM, Model Town, vide order F.NO.1240/SDM/MT/2021/34426-427.
Learned counsel for the petitioners has apprised the date of construction of the said boundary wall to be 25 days w.e.f.16.5.2022 commencing from 8 a.m. to 5 p.m on each day. The respondents shall take note of the same and shall provide all requisite assistance to the petitioners for the construction of the said boundary wall not exceeding 5 feet in adherence to the directions vide order dated 18.9.2021 of the SDM, Model W.P.(C) 6641/2022 page 4 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:12.05.2022 19:28:57 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Town, Delhi bearing No. F.NO.1240/SDM/MT/2021/34426-427. The petition is disposed of accordingly.
ANU MALHOTRA, J
MAY 10, 2022/SV
W.P.(C) 6641/2022 page 5 of 5
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:12.05.2022
19:28:57
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.