Delhi High Court - Orders
Satyender Gupta vs Govt. Of Nct Of Delhi And Ors on 18 May, 2023
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6695/2023 & CM APPLs. 26217/2023 & 26218/2023
SATYENDER GUPTA ..... Petitioner
Through: Ms. Smita Maan and Mr. Vishal
Maan and Mr. Aakash
Sehrawat, Advs.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Prashant Manchanda, ASC
for GNCTD along with Ms.
Nancy Shah, Ms. Khushboo
Tomar and Ms. Jasleen Kaur,
Advs. for R-1 and 2.
Ms. Manika Tripathy, SC with
Mr. Manish Vashist and Mr.
Chirantan Saha, Advs. for R-
3/DDA.(M:9804239379)
(Email:manikatripathy@yahoo.
com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 18.05.2023 [Physical Hearing/ Hybrid Hearing] CM APPL. 26218/2023 (Application on behalf of petitioners under Section 151 CPC for exemption from filing original documents and typed copies of dim and illegible documents/annexures)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 6695/2023 & CM APPL. 26217/2023 (for stay under Section 151 CPC)
3. The present writ petition has been filed for restraining the 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 24/09/2023 at 14:28:35 respondents from demolishing and taking forcible possession and interfering with the peaceful physical possession of the petitioner qua the property/land of the petitioner bearing Land No.12 and 13/9, total admeasuring 1250 sq. yards (i.e. 900 sq. yards comprised in Khasra No.1253 and 350 sq. yards comprised in Khasra No.2883/20127/57, 2857/108, 1932/164), situated at JNU Road, village Kishangarh, village Mehrauli, New Delhi.
4. It is submitted that the petitioner is aggrieved against the illegal, unlawful and arbitrary act of the respondents, apparently to forcibly demolish/interfere with the private, self-owned/possessed property of the petitioner. It is submitted that the said action is sought to be taken by the respondents without initiating any proceedings in accordance with law, without passing any demolition order. It is further submitted that no show cause notice has ever been issued to the petitioner and no process or procedure of law whatsoever has been followed by the respondents before issuance of the demolition order dated 10.05.2023 against the petitioner. Thus, it is submitted that the impugned demolition order dated 10.05.2023 is in utter violation of all the Principles of Natural Justice and the provisions of the statute.
5. It is the case on behalf of the petitioner that his land was earlier sealed in the mass sealing drive carried out in the year 2011. Subsequently, by order dated 27.03.2023, the property of the petitioner has been de-sealed by orders passed by the Judicial Committee, appointed by Hon'ble Supreme Court. It is submitted that the Judicial Committee has given a categorical finding in favour of the petitioner that the subject property of the petitioner is beyond the 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 24/09/2023 at 14:28:35 width of the carriage way. Thus, it is the submission on behalf of the petitioner that the property of the petitioner is not part of any encroachment or any carriage way.
6. Learned counsel for the petitioner also draws the attention of this Court to the order passed by the learned Judicial Committee in order to submit that the issues regarding the permissible land use and whether the property was being misused, are yet to be decided. It is submitted that the demolition action sought to be taken on behalf of the respondent is only on the allegation of encroachment, which issue has already been decided in favour of the petitioner by the learned Judicial Committee at the time of passing de-sealing order qua the premises of the petitioner.
7. Learned counsel also relies upon the inspection report of the Local Commissioner filed before the learned Judicial Committee. In the report of the Local Commissioner it has been categorically been stated that width of the road in front of the house of the petitioner is 47.9 metres, whereas the actual width of the road is supposed to be only 45 metres. Thus, it is submitted that there is no question of any encroachment as far as the petitioner is concerned.
8. Learned counsel for the petitioner further submits that village Mehrauli, wherein the land in question is situated, was urbanised by notification dated 23.05.1963. She further submits that vesting order under Section 81 Delhi Land Reforms Act, 1954 (DLR Act) was passed against the predecessor in interest of the petitioners on 21.04.2000. Thus, it is submitted that the vesting order dated 20.04.2000 passed by the Revenue Authorities after the urbanisation 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 24/09/2023 at 14:28:36 of the area in question, is non est and illegal. It is submitted that the petitioner is validly in possession of the land in question, being under his private ownership.
9. Learned counsel for the petitioner further relies upon the notification dated 11.09.2007 issued by the Land and Building Department (Land Acquisition Branch), Government of NCT of Delhi. In the said notification, it has been noted that in view of the policy decision to recognise certain unauthorised colonies, any land falling within the boundaries of such colonies, as per the survey which has been carried out by the Division Commissioner, will not be taken over by the Government.
10. Learned counsel appearing for the petitioner also relies upon the Gazette notification issued by the Ministry of Housing and Urban Affairs. By relying upon Clause 3 of the said notification, it is submitted that even the original Gaon Sabha Land at the time of commencement of the Delhi Land Reforms Act, 1954 is included in the categories of land that are to be considered for conferring ownership or transfer or mortgage rights. Thus, she submits that the land of the petitioner is a private land, and even though vesting order dated 24.04.2000 was passed, land in question cannot be considered as that of the Gaon Sabha. Even otherwise, the land of the Gaon Sabha is also subject matter of categories of land which is to be considered for conferring and recognising ownership and transfer of rights.
11. Learned counsel appearing for the petitioner also relies upon the order dated 12.12.2007 issued by the Government of NCT of Delhi, Urban Development Department. By reference to the said order dated 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 24/09/2023 at 14:28:36 12.12.2007, it is submitted that all lands vested in Gaon Sabha under Section 81 of the Delhi Land Reforms Act, 1954 are to be considered at the time of consideration of the case of regularisation of unauthorised colonies in Delhi.
12. Learned counsel for the petitioner further submits that the land of the petitioner is part of the unauthorised colony and is, thus, protected by the various notifications and cannot be taken over by the Government, in the manner it is sought to be taken.
13. Learned counsel also relies upon the Gazette notification dated 29.10.2019 which contains the list of the unauthorised colonies identified for regularisation. The area of JNU Road, Village Kishangarh, New Delhi-110070, has been in enlisted at Serial No.53 in the said list of unauthorised colonies which have been identified for regularisation.
14. Thus, it is submitted that the impugned general notice issued by the respondent for the purposes of carrying out the demolition programme in village Kishangarh on 24.05.2023, is without any authority.
15. It is submitted that the notice which has been sent by DDA/respondent No.3 to the Deputy Commissioner of Police vide letter dated 20.03.2023, seeking police protection for carrying out demolition programme in village Kishangarh, specifically mentions Khasra Nos.1253 of Village Kishangarh, wherein the subject property of the petitioner is situated. Thus, it is submitted that the petitioner has a genuine and strong apprehension that the respondent authorities may demolish the property of the petitioner and dispossess the petitioner 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 24/09/2023 at 14:28:36 therefrom, without even initiating any proceedings in accordance with law and without any sanction of law.
16. On the other hand, Learned Standing Counsel for Delhi Development Authority(DDA)/respondent No.4 appearing on advance notice, submits that the veracity of these circulars of the years 2007 and 2008 as relied upon by the petitioner, are yet to be verified. She submits that it is still to be verified whether the said circulars are still in vogue. She further submits that in the present writ petition, the petitioner has raised various disputed facts, therefore, the writ petition as such would not be maintainable, as the rights of the petitioner qua title and demarcation are to be adjudicated. Learned counsel further submits that land in question is acquired land of DDA.
17. In rejoinder, learned counsel appearing for the petitioner submits that the circulars as relied upon by her of the years 2007 and 2008, are very much in vogue. It is not the case of the Delhi Government at any point of time that the said circulars have been withdrawn. She further submits that the various authorisation slips which have been filed along with the present petition show that the property of the petitioner is part of the unauthorised colony, which is part of the list of colonies which are to be regularised.
18. The matter requires consideration.
19. Issue notice to the respondents. Notice is accepted by learned counsels appearing for respondent No.1, 2 and 3 respectively.
20. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
21. Considering the submissions made before this Court, the 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 24/09/2023 at 14:28:36 respondents are restrained from demolishing and/or taking any coercive action against the property of the petitioner i.e. property bearing No.12 and 13/9 total ad-measuring 1250 sq. yds, (i.e. 900 sq. yds comprised in khasra no. 1253 and 350 sq. yds. comprised in khasra no. 2883/2127/57, 28571108, 1932/164), situated in Kishangarh, village Mehrauli, New Delhi, till the next date of hearing.
22. List on 22.09.2023.
23. Dasti under signatures of the Court Master.
MINI PUSHKARNA, J MAY 18, 2023 sc 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 24/09/2023 at 14:28:37