Delhi High Court - Orders
Wg.Cdr (Retd) Narender Singh Dhaka & Ors vs Government Of Nct Of Delhi & Ors on 18 August, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1786/2019 & CM APPL. 8366/2019
WG.CDR (RETD) NARENDER SINGH DHAKA & ORS
..... Petitioners
Through: Appearance not given
versus
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Sameer Vashisht, ASC, Civil
GNCTD with Ms. Sanjana Nangia,
Advocate
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 18.08.2022
1. After some length of arguments, learned counsel appearing on behalf of the petitioners submitted that learned Forest Settlement Officer has passed an order dated 16th July, 2021 which categorically stated in last para that:
"...In the line of the above mentioned considered view It is decided that the accrual of forest right in favour of the applicant is barred under section 5 of the Indian Forest Act, 1927 and the prayer of the applicant admeasuring 2 bigha as private land is rejected. But simultaneously the said portion of the land is also exclude from the boundry of forest land as the matter of ownership right is pending/subjudice in the the Hon'ble Civil Court of Saket and also on the ground that the land in question is neither part of 1994 notification nor part of 1996 notification."Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:22.08.2022 18:24:52
2. In view of the contentions made in aforesaid order passed by the Forest Settlement Officer, learned counsel appearing on behalf of the petitioner seeks leave to withdraw the instant petition with liberty to approach the appropriate Court or this Court in accordance with law if any fresh cause of action pertaining to the property in question arises.
3. Learned ASC appearing on behalf of the State submitted that the above order, which the petitioner is relying upon, is under challenge before the Divisional Commissioner but he has no objection for withdrawal of the instant petition.
4. Accordingly, the instant petition is dismissed as withdrawn with liberty as prayed for.
CHANDRA DHARI SINGH, J AUGUST 18, 2022 gs/ms Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:22.08.2022 18:24:52