Delhi High Court - Orders
Sonia And Co. (P) Ltd vs Governement Of Nct Of Delhi on 15 March, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4293/2022 and CM No. 12781/2022
SONIA AND CO. (P) LTD. ..... Petitioner
Through: Mr. Manik Dogra, Mr. Priyadarshini
Dewan, Mr. Sumeet Kaul, Mr.
Shankari Mishra, Advs.
versus
GOVERNEMENT OF NCT OF DELHI ..... Respondent
Through: Mr. Santosh Kumar Tripathi,
SC (Civil), GNCTD with Mr. Arun
Panwar, Adv.
Ms. Surabhi Arora, Adv. for
Mr. Yeeshu Jain, SC for L&B Dept.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 15.03.2022
Notice shall issue to the respondent. Learned counsel who has
appeared for the respondent accepts the same and prays for six weeks time to file a counter affidavit.
List on 19.07.2022.
Presently and for the purposes of considering the prayer for interim protection, the Court takes note of the submission of learned counsel who contends that the impugned notice restricts its application to khasra No. 52/25/2 situate in Village Jaunapur, Delhi. The petitioner claims rights on the basis of a sale seed executed in their favour with respect to khasra No. 67/5, 66/1 and 67/6 situate in that village. Learned counsel contends that although notifications under the Indian Forest Act, 1927 and more Signature Not Verified Digitally Signed By:NEHA Signing Date:15.03.2022 18:34:56 particularly Section 4 thereof had come to be issued way back in 1994, the rights of the petitioner have not been determined in terms of the provisions made in that enactment. In any case the Court notes that presently there is no determinative material on the record which may establish that encroachments have in fact been made by the petitioner on the plot mentioned in the impugned notice.
In view of the aforesaid and till the next date of listing the respondents shall stand restrained from taking any coercive measures against the properties of the petitioner.
YASHWANT VARMA, J.
MARCH 15, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:15.03.2022 18:34:56