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Manish Kumar & Ors vs Union Of India & Ors on 27 October, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~16
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 3830/2018 & CM APPL. 15191/2018 (Stay)
                                 MANISH KUMAR & ORS                                   ..... Petitioners
                                             Through:                Mr. S. Tomar, Mr.S.K. Rout and Mr.
                                                                     Rahul Chauhan, Advs.

                                                      versus

                                 UNION OF INDIA & ORS                                 ..... Respondents
                                               Through:              Mr. Chiranjiv Kumar and Mr.
                                                                     Mukesh Sachdeva, Advs. for UOI.
                                                                     Mr. Rishikesh Kumar, ASC, Mr.
                                                                     Aditya Raj, Ms. Sheenu Priya, Mr.
                                                                     Muhammad Zaid and Mr. Sudhir
                                                                     Kumar Shukla, Advs. for R-2 and 3.
                                                                     Mr. Vaibhav Agnihotri, Adv. for
                                                                     DDA/R-4.

                                 CORAM:
                                 HON'BLE MR. JUSTICE YASHWANT VARMA
                                                      ORDER

% 27.10.2022 This writ petition had been preferred seeking the following reliefs:- "i) quash the impugned notice dated 16.04.2018 issued by the respondent no. 3

ii) and also direct the respondents not to interfere in the peaceful possession of the petitioners in respect of their houses and built up structures forming part of khasra no. 424 min, having plot no. 251 (area measuring 1 bigha and 15 biswa) and part of khasra no. 1030, having plot no. 252/A (area measuring 1000 sq. yds.) situated in the unauthorised colony likely to be regularized i.e. Mahipalpur Extension, Block A, New Delhi 110037.

iii) direct the Respondent No. 3 to follow the Delhi Land Revenue Act and Rules."

On 02 August 2019 an order on CM No. 34679/2019 came to be passed in the following terms:-

"1. The petitioner has filed the present application, inter alia, praying that the SDM, Vasant Vihar, be directed not to take any coercive action in respect of the property forming a part of Khasra No. 1030 located at Mahipalpur Extension, Block A, New Delhi-110037.

2. The relief as sought for in the application cannot be granted as it runs contrary to express orders issued by this Court directing the concerned authorities to verify whether the land encroached upon was a water body at any time and to further take steps that so the said water body and the area surrounding it is cleared of all encroachment. This Court had further directed that steps be taken for rejuvenating the water body.

3. Mr Gupta, the learned senior counsel appearing for the petitioner states that as per the revenue records, Khasra No. 1030 measures approximately three Bighas and the water body, which is only a part of the said land, measures approximately one Bigha six Biswas. He states that, therefore, only a part of the said land is required to be cleared.

4. The said contention is unmerited as the respondent authorities are not only required to clear encroachment from the area of the water body, but are also to ensure that the water body is rejuvenated. For the said purpose, the surrounding land would also have to be cleared of encroachment. The petitioner has no title to the land, therefore, the prayers sought for by the petitioner cannot be granted.

5. The application is, accordingly, dismissed."

That order was subjected to challenge by the petitioners here by way of L.P.A. No. 533/2019. It has now come to be disposed of by an order of 20 September 2022 in the following terms:-

"1. We may note that the original record, including the order dated 11.02.2019, passed by the District Magistrate, concerning the exact measurement of the water body, has been shown to us by respondent nos.2 and 3.

1.1. According to the counsel for respondent nos.2 and 3, the necessary corrections have been made in the Khatoni.

2. It is the case of the learned counsel for respondents no.2 and 3, that the water body measured 3 bighas and 18 biswas and not 1 bigha and 6 biswas.

2.1. Mr Gaurav Sarin, who appears on behalf of the appellants, contests this position.

3. However, after some arguments, Mr Sarin, on instructions from Mr Sudhanshu Tomar, advocate, seeks leave to withdraw the instant appeal.

4. The appeal is, accordingly, dismissed as withdrawn.

5. Accordingly, the interim order dated 20.08.2019 shall stand vacated.

6. It goes without saying that the application filed on 27.01.2005, for regularization of the subject area will be decided, in accordance with the extant provisions of the law.

7. Needless to state, the rights and contentions of both sides shall remain open.

8. Pending applications shall also stand closed."

In view of the aforesaid and since the parties would have to proceed further in accordance with the directions issued in that LPA, no justifiable cause exists for continuing this writ petition on the board of this Court. It shall, along with pending application, accordingly stand disposed of.

YASHWANT VARMA, J.

OCTOBER 27, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:28.10.2022 19:09:40