Delhi High Court - Orders
Shri Roshan Lal vs Government Of Nct Of Delhi & Ors on 12 December, 2023
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4215/2021, CM APPL. 12806/2021, CM APPL. 22696/2022
& CM APPL. 62933-62935/2023
SHRI ROSHAN LAL ..... Petitioner
Through: Mr. Manuj Aggarwal, Mr. Lakshyam
Dogra, Advocates along with
Petitioner in person
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Arjun Pant, Advocate for DDA
Mr. Joydip Bhattacharya, Mr.
Satyaarth Balajee Sinha, Ms. Livya P
Lalu, Advocates for applicants
Ms. Asiya Khan, Advocate for R-1 to
4 and 6 to 8
Ms.Sangeeta Bharti, standing counsel
for DJB with Ms.Malvi Balyan,
Advocate for R-5/DJB.
Ms. Mansi Bajaj, Ms. Nidhi Tyagi,
Advocates for R-12/NDMC
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 12.12.2023 CM APPL. 62933/2023 CM APPL. 62934/2023 CM APPL. 62935/2023
1. Present applications have been filed on behalf of residents of Khasra No. 434/5, extended Lal Dora, Mundka Village, Delhi-110041 seeking impleadment as petitioners in the present matter and for recall/stay of the order dated 10th October, 2023 passed by this Court.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 01:12:15
2. Learned counsel for petitioner states that in the report submitted by respondent no.2/SDM, Punjabi Bagh to respondent no.9/DDA, pursuant to the orders of this Court a small portion of the applicants' property has been shown as encroachment on the ShisuwalaTalab. He submits that in the order dated 10th October, 2023 passed in the present matter, the respondent no.9 was directed to take consequential action and file status report in accordance with the demarcation report. He further states that the demarcation has not been done in a proper manner and the demarcation report dated 16th September, 2023 is full of discrepancies and has not even been filed before this Court. He states that this has resulted in a situation where the applicants have been labelled as encroachers and they now apprehend demolition of their properties even though they are not actual encroachers.
3. Mr. Arjun Pant, who appears for DDA has handed over Minutes of Meeting dated 08th December, 2023 held under the Chairmanship of Director (LM) - 1, DDA. The said Minutes of Meeting are reproduced hereinbelow:
"DELHI DEVELOPMENT AUTHORITY OFFICE OF THE DEPUTY DIRECTOR(LM) WEST ZONE, SUBHASH NAGAR CROSSING, NEW DELHI-110027 F5(17)2020/LM/WZ/DDA/465 Dated 08.12.2023 Minutes of Meeting Subject: Roshan Lal V/s GNCTD & Ors in WPC No 4215/21 village Mundka.
A meeting was held on 08.12.2023 at 04:00 PM under the chairmanship of Director(LM)-1, DDA to discuss the issue of discrepancies/variation in area in TSS/demarcation report dt. 20.09.23 and the possession proceedings dt.12.10.2020 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 01:12:15 List of officer/official who attended the meeting is enclosed as Annexure-A. At the outset, the issue involved was briefed. It was stated that Hon'ble High court vide its order dt 10.10.23 in WPC No 4215/21 titled as Roshan Lal Vs GNCTD & ors has directed DDA to take consequential action on the basis of TSS report submitted by GNCTD. In order to comply with said order dt 10.10.23, the Tehsildar, Punjabi Bagh, GNCTD vide letter of even no 416 dt 30.10.23 was requested to rectify the area in possession proceedings dt 12.10.2020 on the basis of demarcation report. Since no reply was received another letter of even no 450 dt 21.11.23 was sent seeking said clarification from the Tehsildar, Punjabi Bagh, GNCTD. However again no reply was received. In the absence of said clarification the demolition program couldn't be fixed.
Tehsildar, Punjabi Bagh, GNCTD has informed that the TSS demarcation is finalized and for correction in the mismatch of the area of Khasra No 190/1 of village Mundka file has already been put up to DM(West) and assured that necessary corrigendum/correction will be issued/made as soon as approval is received.
The matter of correction in possession proceedings on the basis of demarcation report at 20.09.23 was deliberated upon and the following decisions were made:-
1. Tehsildar, Punjabi Bagh is directed to correct the possession proceedings on the basis of demarcation report dt. 20.09.23
2. In anticipation of receiving of correct possession proceedings from Tehsildar, Punjabi Bagh, GNCTD, Executive Engineer, DPD-
1, DDA, being land owning agency, is directed to fix a demolition program at the earliest for removal of the encroachments identified in the TSS demarcation report submitted by Tehsildar, Punjabi Bagh, GNCTD.
The meeting ended with vote of thanks to the chair.
Deputy Director (LM)WZ Copy for kind information to:
1. Commissioner, Land Management, DDA
2. Director-1, Land Management, DDA.
3. SDM (Punjabi Bagh), GNCTD
4. Executive Engineer, DPD-1,DDA
5. SLO/LM/HC,DDA Deputy Director (LM)WZ"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 01:12:15
4. Keeping in view the aforesaid, the applicants are given liberty to raise all their grievances with the respondent no.2/SDM, Punjabi Bagh within a week. In the event the objections are filed by the petitioner within the stipulated time, the same shall be decided by the SDM, Punjabi Bagh in accordance with law.
5. With the aforesaid directions, the present applications stand disposed of.
W.P.(C) 4215/2021 & CM APPL. 12806/2021, CM APPL. 22696/2022
6. Mr. Pant is directed to file fresh Status Report within eight weeks.
7. List on 21st February, 2024.
ACTING CHIEF JUSTICE MINI PUSHKARNA, J DECEMBER 12, 2023 au This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 01:12:16