Delhi High Court
Bhoomi Chattar Singh Rachhoya And Anr vs Union Of India & Ors on 21 November, 2019
Equivalent citations: AIRONLINE 2019 DEL 1948
Author: C.Hari Shankar
Bench: Chief Justice, C.Hari Shankar
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21st November, 2019
+ W.P.(C) 9042/2017
BHOOMI CHATTAR SINGH
RACHHOYA AND ANR ..... Petitioners
Through: None
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Ajay Digpaul, CGSC with Mr.
Aaryan Verma and Mr. S.
Karmakar, Advs. for respondent
no. 1
Mr. Anuj Aggarwal, ASC with Mr.
Deepak Shrivastava, Adv. for
respondent nos. 2 to 5 & 10
Mr. Ranjan Tyagi, Adv. for
respondent nos. 5 and 6
Ms. Sapna Chauhan, Adv. for
DDA
Mr. Sri Harsha Peechara, Standing
Counsel with Mr. Aditya Vikram
Singh, Adv. for SDMC
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 21.11.2019 D.N. PATEL, CHIEF JUSTICE (ORAL) W.P.(C) 9042/2017
1. When the matter is called out, no one appears for the petitioners.
We have heard counsel for the respondents at length.
W P (C) 9042/2017 Page 1 of 122. This Public Interest Litigation (PIL) has been preferred with the following prayers:
"(a) issue of writ, order (s) or direction (s) in the nature of certiorari for setting aside notification of Government of Delhi, notifying Swarn Park Mundka as a non conforming cluster of industrial concentration for redevelopment and Notification dated 07.02.2007 of Ministry of Urban Development to the extent of notifying Swarn Park Mundka under redevelopment of unplanned industrial area under MPD 2021 and Notification S.O. 954(E) dated 01.05.2012 issued by Delhi Development Authority to the extent of notifying "Regulations for Redevelopment of clusters of industrial concentration in non conforming areas/unplanned industrial areas in respect of Swarn Park Mundka under redevelopment of unplanned industrial area;
(b) issue of writ, order (s) or direction (s) in the nature of mandamus directing Respondents to prevent and demolish illegal and unauthorised constructions in illegal and non-
confirming / unplanned industrial area in Swarn Park, Mundka and;
(c) issue of writ, order (s) or direction (s) in the nature of mandamus directing Respondents to prevent and demolish illegal and unauthorised construction in Khasra no. 72/10/2(1-4), 72/11/1(1-1) and 71/26(0-5), in front of metro pillar 489, near Om Dharam Kanta, Swarn Park, Mundka, Delhi and other, areas in Mundka, Delhi and ;
W P (C) 9042/2017 Page 2 of 12(d) issue of writ, order (s) or direction (s) in the nature of mandamus directing the Respondents to prevent and demolish illegal and unauthorised construction in various localities in Nangloi, Delhi and;
(e) issue of writ, order (s) or direction (s) in the nature of mandamus directing Respondents to prevent and demolish illegal and unauthorised constructions in various localities of Nangloi, Delhi;
(f) issue of writ, order (s) or direction (s) in the nature of mandamus directing Central Bureau of Investigation (OBI) to investigate and to take appropriate legal actions against the politicians, officials of government department and municipal corporation, land mafia and other anti-social elements, who have connived together to cause loss of revenue to State exchequer by engaging in unabated, illegal and unauthorised construction in Swarn Park Mundka and various other areas of Mundka and Nangloi, Delhi and;
(g) pass any other order or orders this Hon'ble Court may deem fit & proper in the circumstances of the present case."
3. Counsel appearing for the respondents submits that a detailed counter affidavit has been filed by the Delhi Development Authority and paragraph nos. 6, 7 and 8 thereof reads as under:-
"6. That it is pertinent to mention here that in the earlier MPD-2001 the ''Industrial Area Redevelopment schemes"
read as:"
W P (C) 9042/2017 Page 3 of 12"Industrial Areas Redevelopment Schemes for the following industrial clusters should be prepared after proper survey and appraisal. Industrial units which are safe and compatible in the use zone could be regularized after upgrading the environment.
1) Anand Parbat Light industrial area
2) Shahdara Light industrial area
3) Shamapur Badli Extensive industrial area The regularization of each industrial units shall be on individual merits. The land tenure could be decided while taking up the regularization of these schemes. The charges for the development of these areas shall be levied by the authority on the beneficiaries."
The relevant extract of MPD-2001, is attached alongwith and is marked as ANNEXURE-C-1.
7. That later, the list of non-conforming Industrial areas including the Swarn Park, Mundka was added during the preparation of MPD 2021. The following was decided as per the minutes of the 17^^ meeting of Board of enquiry and hearing held on 18.12.2006, for the objections/suggestions on Draft MPD-2021;
"The list of non-conforming industries as given in notification dated 30th June 2006 should be added under 7.6.2"
Copy of the minutes of the 17th meeting of the Board of Enquiry, and hearing for the objection/suggestion on draft W P (C) 9042/2017 Page 4 of 12 MPD 2021, is annexed alongwith and is marked as ANNEXUREC-2.
8. That in the MPD 2021 Swarn Park Mundka, was included, in 7.6.2 and the regulation for redevelopment of clusters of industrial concentration in Non-Conforming Ares/Unplanned Industrial Areas was formulated as per the provision given under para 7.6.2.1 in chapter 7, Industry of MPD 2021 and the same was notified by following the due procedure laid down under section 57 of DD Act 1957. Copy of the clause 7.6.2 and 7.6.2.1 of the MPD 2021, is attached alongwith and is marked as ANNEXURE-C-3."
4. We have also perused the status report dated 17 th January, 2018 filed by the North Delhi Municipal Corporation and paragraph 4 thereof reads as under:-
"4. As per the direction of the Hon'ble high court answer respondent have plan to demolition action on the mentioned property. We have plan/fix the demolition programmes dated 17.10.2017, 25.10.2017, 06.11.2017, 08.11.2017, 23.11.2017, 30.11.2017, 04.12.2017, 07.12.2017, 12.12.2017, 20.12.2017, 23.12.2017, 29.12.2017, 02.01.2018, 03.01.2018 8t 09.01.2018 Time. Report is as annexure C-1 to C-15.
(I) That the respondent plan to take demolition action on 17/10/2017 in the jurisdiction of police station Mundka.
Demolition action taken could not take place due to non availability of police force. As ANNEXURE C-1.
W P (C) 9042/2017 Page 5 of 12(II) That the respondent plan to take demolition action on 25/10/2017 in the jurisdiction of police station Mundka. Demolition action taken could not take place due to non availability of police force. As ANNEXURE C-2. (III) That the respondent plan to take demolition action on 06/11/2017 in the jurisdiction of police station Mundka. Demolition action has been taken with the help of P.S. Mundka. As ANNEXURE C-3.
(IV) That the respondent plan to take demolition action on 08/11/2017 in the jurisdiction of police station Nangloi. Demolition action has been taken with the help of P.S. Nangloi. As ANNEXURE C-4.
(V) That the respondent plan to take demolition action on 23/11/2017 in the jurisdiction of police station Nangloi. As ANNEXURE C-5.
(VI) That the respondent plan to take demolition action on 30/11/2017 in the jurisdiction of police station Mundka. As ANNEXURE C-6.
(VII) That the respondent plan to take demolition action on 04/12/2017 in the jurisdiction of police station Mundka. Demolition action taken could not take place due to non availability of police force As ANNEXURE C-7. (VIII) That the respondent plan to take demolition action on 07/12/2017 in the jurisdiction of police station Nangloi. Demolition action has been taken with the help of P.S. Nangloi as ANNEXURE C-8.
W P (C) 9042/2017 Page 6 of 12(IX) That the respondent plan to take demolition action on 12/12/2017 in the jurisdiction of police station Nangloi. Demolition action has been taken with the help of P.S. Nangloi as ANNEXURE C-9.
(X) That the respondent plan to take demolition action on 20/12/2017 in the jurisdiction of police station Nangloi. Demolition action has been taken with the help of P.S. Nangloi as ANNEXURE C-10.
(XI) That the respondent plan to take demolition action on 23/12/2017 in the jurisdiction of police station Nangloi. Demolition action has been taken with the help of P.S. Nanglol as ANNEXURE C-11.
(XII) That the respondent plan to take demolition action on 29/12/2017 in the jurisdiction of police station Nangloi. Demolition action has been taken with the help of P.S. Nanglol as ANNEXURE C-12.
(XIII) That the respondent plan to take demolition action on 02/01/2018 in the jurisdiction of police station Mundka. Demolition action has been taken with the help of P.S. Mundka as ANNEXURE C-13.
(XIV) That the respondent plan to take demolition action on 03/01/2018 in the jurisdiction of police station Nangloi. Demolition action has been taken with the help of P.S. Nanglol as ANNEXURE C-14.
(XV) That the respondent plan to take demolition action on 09/01/2018 in the jurisdiction of police station Nangloi.
W P (C) 9042/2017 Page 7 of 12Demolition action has been taken with the help of P.S. Nanglol as ANNEXURE C-15.
The status report/action taken report of the first list along with photograph as ANNEXURE-A-1 to A-8 ANNEXURE-P- 14 COLLY. attached by the petitioners are as under:-
SR . PROPERTY NO. PRESENT STATUS ACTION TAKEN . OF THE No. PROPERTY
1. C-108, Sukhi Nahar, Cement Wall Gail, Swam Building existing Park, Mundka G.F &. F.F Old & Occupied 2 A-16, Cement Wali Gali, At present property is Swarn Park, Mundka not traceable 3 A-46, Cement Wali Gali, U/c in the shape of 65/UC/B/N/17-18 Swarn Park, Mundka ground dt.
floor, first floor, 25.09.2017 and second floor action & third floor u/s 345-A also Initiated ' and demolition action taken on 08.11.2017 4 Kh. No.50/6, Gali No-6, Near Building existing Old & occupied.
Ground floor only
MTS Mittal Timber Store,
Swarn Park, Mundka
5 Plot No.100-101, Gali No-8, U/c In the shape of 68/UC/B/N/17-18,
Swarn Park, Mundka raising dt.
of wall & columns 28.09.2017 and
upto action
roof land at ground U/s 345-A Initiated
floor &
further construction of
ground floor roof &
raising
to walls & columns at
first
floor.
6 Kh. No-49/18, Drum Wali Gali, U/c In the shape of 57/UC/B/N/17-18
Gall No-4, in Front of Timber office at dt.
Market, Swarn Park, Mundka ground floor, first 19.09.2017 and
floor and action
toilet at second floor u/s 345-A also
and Initiated
raising of wall and and demolition
column at action
ground floor upto full taken on
height
W P (C) 9042/2017 Page 8 of 12
for godown 12.12.2017
7 Plot No-113, Gali No-8, Swarn U/c in the shape of 03/UC/B/N/18, dt.
Park, Mundka Ground floor, first 03.01.2018 and
floor, demolition action
second floor & third taken on
floor 03.01.2018
8 Kh. No-64/8, Shiv Property, SDM has taken the
Near Bulbul Banquet Hall, demolition action
Main and at
Rohtak Road, In Front of Metro present work found
Pillar No-578, Mundka stopped at site.
9 R-66, in Front of Mundka Ground Floor & First Regularization
Metro rejected
Floor
Station, Mundka vide letter No. 335
R-265, Near Mundka Metro dated 28.09.2017
station main Rohtak road 81/UC/B/N/17-18
Mundka Delhi dt.
23.10.2017 and
demolition action
taken
on 02.01.2018
10 Plot No-216', in Front of Rani U/c in the shape of 07/UC/B/N/17-18
Khera Mor, Metro Pillar No- basement, ground Dated
536, floor, first 08/05/2017 &
Mundka floor & second floor 70/UC/B/N/17-18
Dated
29/09/2017
11 H,No-B-93, Suraj Dharam U/c in the shape of 82/UC/B/N/17-18
Kanta, Swarn Park, Main ground Dated
Rohtak Road, Mundka floor, first floor & 2nd 23/10/2017
floor
12 B-60, Global Properties, Swarn Same as above at S.
Park, Along with Metro Pillar No.
No-498-499, Rohtak Road, 11
Mundka
13 Plot No-1712, Kh.No-76/25/2, U/c in the shape of 83/UC/B/N/17-18,
Sukhi Nahar, Amar Colony, ground dt.
Road Between Swarn Park, floor 23.10.2017
Mundka
14 Plot No-72, Deep Properties, U/c at hall at ground 26/UC/B/N/17-18
4Jdhyog Nagar, In Front of floor dt.
Metro and first floor 21/07/2017,
Pillar No-488, Swarn
Park, Mundka
15 Sai Vatika, Kh. No. 76/6/2, & Old & Occupied
72/14/1, Near Rajdhani Park,
Metro Station, Swarn Park,
Mundka
16 560/2/3, Extn, Lal Dora Old & Occupied
Udhyog Nagar, Shiva Garden,
In front of Metro Pillar no. 488-
489, Swarn Park, Mundka
W P (C) 9042/2017 Page 9 of 12
17 B-71, Telco Wali Gali, Swarn Old & Occupied
Park, Mundka
18 B-73, Telco Wall Gall, Near Old & Occupied
Balblr Dharam Kanta, Swarn
Park, Mundka
19 B-2, Cement Wali Gali, Ajay U/c in the shape of 85/UC/B/N/17-18
Dharam Kanta, Swarn Park, raising of dt.23.10.2017
Mundka walls &. columns upto
full
height and placing of
trusses
for godown at ground
floor
20 71/15, Apna Bazar Dava Bazar, Old and occupied
In Front of Metro Pillar No-
488, Main Rohtak Road, Swarn
Park, Mundka
21 527 &. 562, Basement, Rohtak Not traceable
Road, Swarn Park, Mundka
22 Kh. No-29/1/1, Bhagya Vlhar, Not traceable
Near Kali Mata Mandir,
Mundka
23 B-338, 30 Feet Road, Near B.L. U/c in the shape of 88/UC/B/N/17-18
Gupta, Properties, Bhagya ground dt.27.10.2017(book
Vlhar, Mundka floor, first floor and ed
second on completion)
floor with, projection
on
Municipal land
The status report/action taken report of the second list along with photograph as annexure B-1 to B-2 ANNEXURE-P-15- and ANNEXURE -P-16 under:-
SR. PROPERTY NO. PRESENT STATUS ACTION TAKEN NO. OF THE PROPERTY 1 528 & 529-B, Nazafgarh Both Properties falls Road, In under the Jurisdiction Front of Syndicate Bank, of Rohini zone Nangloi 2 529-B, Nazafgarh Road, In Property falls under Front of the Syndicate Bank, Nangloi Jurisdiction of Rohini Zone 3 H.No-25, Tyagi Colony, U/c in the shape of 61/UC/B/N/17-18 dt.
Rajendra ground floor, first 25.09.2017 and Park, M.R.F. Wali Gali, floor, action second floor, third u/s 345-A also W P (C) 9042/2017 Page 10 of 12 Nangloi floor initiated & fourth floor and demolition action taken on 23.12.2017 4 H.No-128, Block-2C, E-1, Not traceable Nangloi 5 H.No-9, Nangloi Extn., Gali U/c at shape of ground 44/UC/B/N/17-18 dt.
In Front floor, first floor, 17.08.2017 and of B.R. Public School, second demolition action floor, third floor and taken Nangloi fourth floor roof etc on 23.12.2017 6 H.No-25, Kh.No-36/24/2, Repeated as serial M.R.F. no-3 Showroom Wali Gali, Nangloi Extn., Nangloi 7 76/25/2, Near Mahabir U/c- in the shape of 83/UC/B/N/17-18 Dharam ground floor. Dated Kanta, Sukhi Nahar, Amar 23/10/2017 Colony, ,Nangloi 8 Bhawan No-A-6/C, Amar Not traceable Colony, Nangloi 9 Bhawan No-A-6/C, Behind Not traceable Amar Colony, Nangloi 10 C-45, Gali No-3, Amar U/c in the shape of 84/UC/B/N/17-18 dt.
Colony, In raising of walls & 23.10.2017 Front of Sanjivani Flospital, columns upto roof ht.
Kamruddin Nagar Road, at ground floor
Amar ,
Colony, Nangloi
11 Shodaan Market, Punjabi Falls under the
Basti, jurisdiction of Rohini
Sultanpuri Road, Nangloi Zone.
5. In view of the aforesaid submissions, it appears that the encroachment has already been removed by the respondents, as prayed for in the writ petition and so far as the development of the area is concerned, it is a policy decision required to be taken by the respondents. The said policy decision for the development of the area in question has already been taken place. Hence, we see no reason to interfere with the same policy decision of the respondents for the development of the area W P (C) 9042/2017 Page 11 of 12 in question. The policy decision is based upon a notification dated 7 th February, 2007, published in the Gazette of India by Ministry of Urban Development. Hence, we see no reason to monitor this case any further. Accordingly, this writ petition is hereby disposed of.
CHIEF JUSTICE C.HARI SHANKAR, J.
NOVEMBER 21, 2019 r.bararia W P (C) 9042/2017 Page 12 of 12