Delhi High Court - Orders
Surinder Singh vs Delhi Development Authority & Anr on 20 October, 2023
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3515/2021
SURINDER SINGH ..... Petitioner
Through: Mr. N. S. Vashisht, Adv. with Mr. M.
P. Bhargava, Adv.
versus
DELHI DEVELOPMENT AUTHORITY & ANR. ..... Respondents
Through: Mr Vaibhav Mishra and Mr Ekansh
Mishra, Advocates for R-1
Mr Anupam Srivastava, ASC for
GNCTD with Ms Sarita Pandey,
Advocates for R-2 and 3
Inspector Sahdev Kumar Rana, SI Lal
Chand PS V.K South
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 20.10.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 31385/2022[Application for impleadment]
1. This is an Application filed by the Petitioner seeking impleadment of Tehsildar Vasant Vihar, NCT of Delhi as Respondent No. 3 to identify and demarcate Khasra No. 342/96 (1-2), Khasra No. 464 / 362 / 345-343 / 96-97 min, 466/362/345-343/96-97 min and 344/97 situated in the revenue estate of Village Masoodpur, Tehsil Vasant Vihar, NCT of Delhi, which form part of the subject property.
2. Respondent No. 1/ DDA has filed his reply to the present Application W.P.(C) 3515/2021 page 1 of 3 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 25/10/2023 at 21:05:54 contending that the Petitioner has no locus or cause of action to maintain the present Writ Petition and the subject Application.
3. Learned Counsel for the Petitioner submits that the objections taken by the Respondent No. 1/DDA in its Reply to the present Application are a reproduction of the objections which were taken by the Respondent No. 1/DDA in the Counter-Affidavit.
4. Learned Counsel for the Petitioner submits that since the dispute in the present matter relates to the identification and demarcation of Khasra's in the Revenue estate of Village Masoodpur, Tehsil Vasant Vihar, NCT of Delhi, it is necessary to implead the Revenue Department NCT of Delhi for the adjudication of the present lis.
5. Accordingly, SDM through the Government of NCT of Delhi is impleaded as a Respondent No. 3 to the present Petition.
6. Amended memo of parties be filed within 10 days.
7. Application is disposed off.
W.P.(C) 3515/2021 & CM APPL. 31386/2022[Application for identification and demarcation of land]
8. Learned Counsel has entered appearance on behalf of the Respondent No. 2/DCP. Learned Counsel submits that they will also be representing the Gov. of NCT of Delhi/SDM as well and seeks time to file a Counter- Affidavit.
8.1 It is further contended by learned Counsel for the Respondent No. 3 that the village of Masoodpur where the subject premises is located, has been urbanized in terms of a notification under Section 507 of the Municipal Corporation of Delhi Act, 1957.
W.P.(C) 3515/2021 page 2 of 3 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 25/10/2023 at 21:05:54
9. Let Counter-Affidavit and replies to the pending Applications be filed within six weeks by Respondent No. 2 and 3.
10. Rejoinder(s), if any, be filed within two weeks thereafter.
11. Learned Counsel for the Petitioner shall provide a copy of the entire paper book to the Learned Counsel for the Respondents within the next two days under acknowledgment.
12. List on 01.02.2024.
TARA VITASTA GANJU, J
OCTOBER 20, 2023
g.joshi
W.P.(C) 3515/2021 page 3 of 3
Click here to check corrigendum, if any
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 25/10/2023 at 21:05:55