Delhi High Court - Orders
Sachin Tyagi vs Govt. Of N.C.T. Of Delhi & Ors on 24 January, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3031/2021, CM APPL. 9148/2021(Stay)
SACHIN TYAGI ..... Petitioner
Through: Mr. Rajiv Khosla & Mr. Sunil Singh,
Advs.
versus
GOVT. OF N.C.T. OF DELHI & ORS. ..... Respondents
Through: Mr. Naushad Ahmed khan, ASC
GNCTD for Respondent Nos. 1 to 3.
Mr. Anand Prakash, SC for North
DMC with Ms. Varsha Arya, Mr
Akhil Raj Advs.
Mr. Anuroop P.S., Adv. for
Respondent No.5.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 24.01.2022
[VIA VIDEO CONFERENCING]
1. This petition has been preferred seeking the following reliefs: -
"(i) Issue a Writ of Mandamus for issuance of Writ of Mandamus and for any other similar writ order or direction, directing the respondent 1 to 4 to exercise their statutory powers and functions under Delhi Land Reforms Act 1954 and as well as under Delhi Municipal Corporation Act 1957 to stop misuse of the agricultural land and unauthorized construction on the land bearing Khasra no. 48/15 (4-16) BIGHAS and 48/16/1 (3-04) BIGHAS situated at village Salempur Majra, Burari, Delhi-110084.
(ii) Issue a Writ of Mandamus for issuance of Writ of Mandamus and for any other similar writ order or direction, directing the respondent I to 4 to exercise their statutory powers and functions under Delhi Land Reforms Act 1954 and as well as under Delhi Municipal Corporation Act 1957 for demolishing all types of structures on the land bearing Khasra no. 48/15 (4-16) BIGHAS and 48/16/1 (3-04) BIGHAS situated at village Salempur Majra, Burari, Delhi 110084 and take appropriate steps to restore the same for agricultural purposes.
Signature Not Verified Digitally Signed By:BHAWNA Signing Date:25.01.2022 14:51:06(iii) Issue a Writ of Mandamus for issuance of Writ of Mandamus and for any other similar Writ order or direction in the like nature directing the Respondent no. 5 to 7 to restrain them from misusing the Agricultural Land by carving out the plot from the Agricultural Land bearing Khasra no. 48/15, 48/16/1 situated at village Salempur Majra, Burari, Delhi- 110084 and developing the same in shape of the colony by raising any construction on the plots including boundary wall in contravention of the building bye laws and other municipal laws as well as the master plan of DDA."
2. The principal allegations are laid against the private respondent Nos. 5, 6 and 7 to the effect that they are raising unauthorised constructions on agricultural land. Admittedly, the petitioner happens to be the son of the respondent no.5. There appears to be a serious civil dispute inter se the petitioner and the private respondents as is manifest from the disclosures made in the counter affidavit which refers to the pendency of suits for partition which are pending before the competent courts.
3. It has also come on the record that the land in question forms part of a Notification issued under Section 507 of the Delhi Municipal Corporation Act, 1957 (MCD Act). In view of the aforesaid admitted position, it is manifest that the respondents cannot possibly be commanded to initiate proceedings under Section 81 of the Delhi Land Reforms Act, 1954. This since, as is well settled, once the land becomes urbanised and included in a notification issued under the aforementioned provision, it stands exorcised from the applicability of the aforesaid Act.
4. Insofar as the allegation of the petitioner that constructions are being raised without the requisite statutory permissions having been obtained from the competent authority under the MCD Act, bearing in mind the serious private dispute inter partes, the Court finds no justification to either countenance the same or to continue this writ petition any further based on Signature Not Verified Digitally Signed By:BHAWNA Signing Date:25.01.2022 14:51:06 that allegation. The Court thus leaves it open to the petitioner to bring the aforesaid complaint to the notice of the competent authority which may, if finding any substance in that allegation and on due verification of all facts, take such further steps as may be warranted in law with due notice to respondent Nos. 5 to 7. All contentions of respective parties, insofar as this aspect is concerned, are left open.
5. The writ petition along with pending application, subject to the aforesaid observations, shall stand dismissed.
YASHWANT VARMA, J.
JANUARY 24, 2022/neha Signature Not Verified Digitally Signed By:BHAWNA Signing Date:25.01.2022 14:51:06