Delhi District Court
Government Of Nct Of Delhi vs Sh. Jagdish Chander on 21 April, 2015
IN THE COURT OF Dr. KAMINI LAU: ADDL. DISTRICT JUDGE
II (CENTRAL DISTRICT): TIS HAZARI COURTS: DELHI
RCA No. 18/2012
Unique Case ID No.: 02401C0092212012
1. Government of NCT of Delhi
5, Alipur Road, Delhi
Presently Office at:
Delhi Secretariat, I.P. Estate,
New Delhi - 110002
2. Director of Panchayat
Room No. 1112,
Old Civil Supply Building,
Tis Hazari, Delhi - 110054
3. Block Development Officer,
District North West,
Alipur, Delhi
4. Union of India
Secretary Home, North Block,
New Delhi
........ Appellants
Versus
Sh. Jagdish Chander
S/o Sh. Gokal Chand
R/o Village & Post: Hamidpur,
Delhi - 110036
......... Respondent
GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 1
Date of Institution: 28.2.2012 Arguments heard on: 21.4.2015 Date of Decision: 21.4.2015 JUDGMET (Oral):
This appeal has been filed by the appellants i.e. GNCT of Delhi against the judgment/ decree dated 6.1.2012 passed by sh. Gautam Manan, Ld. Additional Senior Civil Judge (Central), Delhi in Case No. 510/09 of 1995 under the title "Jagdish Chander Vs. NCT of Delhi & Ors." thereby decreeing the suit for permanent injunction filed by the respondent Jagdish Chander. The impugned judgment/ decree has been assailed on the ground that the Ld. Trial Court has wrongly decided the issue no.1 in favour of the respondent only on the basis of apprehension that the appellant would demolish the suit property and the entire story of the respondent in the suit is false and fabricated. It is pleaded that the Ld. Trial Court has failed to appreciate that the Civil Court has no jurisdiction to try and entertain the suit of the respondent as per Delhi Land Reforms Act since under the garb of the suit the respondent wanted to get declared his rights upon the public land. It is further stated that the Ld. Trial Court has failed to consider the fact the respondent is a rank trespasser and unauthorized occupant and he has encroached upon the Goan Sabha/ public land bearing Khasra No. 38/30 of Village Hamidpur, Delhi which has been proved by the appellants in their evidence and the respondent is no locusstandi to file the said suit. It is also pleaded that the Khasra No. GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 2 38/30 is a Gaon Sabha land/ public land which is used by the villagers of village Hamidpur for cremation purpose and public interest is involved in the said land. It is further pleaded that the Ld. Trial Court has failed to appreciate the fact that Sh. Omi S/o Richhpal R/o Village Hamidpur was an Assami of Gaon Sabha in the Khasra No. 336/18 of village Hamidpur, Delhi and has no right to transfer the said land to the respondent because as per Section 32 of Delhi Land Reforms Act, 1954 interest of an Assami is not transferable. It is also pleaded that the Ld. Trial Court has wrongly concluded that the respondent is in settled possession of the suit land for more than two decades.
The respondent has not filed any reply to the appellant and orally argued on the appeal. Ld. Counsel for the respondent has placed his reliance on The NCT of Delhi Laws (Special Provisions) Second Act, 2011; The NCT of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014 and also the office Order No. PPS/Secy/UD/2015/Secy/3650 of GNCT Delhi dated 16.2.2015 of Urban Development Department. During the course of arguments on 8.4.2015, this Court has observed that the present appeal has been preferred by the State i.e. GNCT of Delhi and the dispute admittedly relates to encroachment on public land i.e. property bearing No. 336/18, along with constructed housed thereon along with boundary walls situated within village Hamidpur, Delhi - 110006 as per the site plan Ex.PW1/1, which according to the respondent (i.e. plaintiff before the Trial Court) is GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 3 existing since the year 1990 in respect of which the suit was filed before the Ld. Trial Court on 14.12.1995. I may observe that the suit property is covered within the provisions of Section 3 (1) (c) of the NCT of Delhi Laws (Special Provisions) Second Act, 2011 and the appellants cannot carry out the demolition without seeking necessary approval of the competent authority and any action against the suit property in accordance with law. This being the background, the State i.e. GNCT of Delhi was directed to respond on the following aspects:
1. As to whether the suit property is protected by the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. In case if it is, then why this appeal has been preferred by the State and what is the official stand of the present Government/ State as to how it proposes to deal with the issue i.e. whether to maintain statusquo in terms of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 as amended in 2014 or to contest the appeal and carry out the demolition of the same.
2. In case if the GNCT of Delhi intends to proceed to demolish the suit property (which if it concludes is covered within the protection so accorded by the Act of 2011), then whether the necessary approval of the competent authority so prescribed under the National Capital Territory of Delhi Laws (Special Provisions) GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 4 Second Act, 2011 has been taken or not and further in case if the approval is so taken, then to place the same before this Court.
3. The GNCT of Delhi/ State shall also clarify to this Court its stand as regards the Office Order No. PPS/Secy/UD/2015/Secy/ 3650 of GNCT Delhi dated 16.2.2015 which appears to be in conflict and perhaps unintendingly with the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.
This Court had also directed that in the absence of any categorical response to the above queries, an officer preferably not below the rank of Additional Secretary from the concerned Department of the GNCT of Delhi should personally appear to clear the stand of the State.
Today, the Additional Secretary has not appeared and one Sh. Satish Kumar the Block Development Officer (North) has appeared along with the office Suptd. who has placed on record two office orders i.e. Order bearing No. F.13(50)/2011/UD/MB/29382952 dated 1.4.2015 and Order No. F.13(50)/2011/UD/MB/102438 dated 20.2.2015. However, the above two office orders does not specifically satisfy the queries put by this Court and it appears that the appellants have nothing to say. Ld. Counsel for the appellant has submitted that he has instructions on behalf of the State that they shall not be demolishing the suit property without adopting the due process of law and in this regard the Block Development Officer (North) Sh. Satish Kumar has made a statement before this Court that the GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 5 proceedings under Section 86A of Delhi Land Reforms Act, 1954 are already pending against the respondent for his eviction from the government land i.e. Khasra No. 38/30 situated in Village Hamidpur, Delhi which proceedings are pending before the Court of Revenue Assistant/ SDM (Alipur), Naya Bans, Delhi and the next date of hearing is 6.6.2015. He has stated that they are not pressing the present appeal which may be disposed off without prejudice to the rights of the appellant to proceed in accordance with law in respect of the alleged encroachment on the government land. Ld. Counsel for the respondent submits that he was not aware of the above said proceedings previously and now he became aware of the same and shall join the said proceedings before the Revenue Assistant.
This being the background, I dispose off the present appeal in view of the fact that the appellants are not pressing the appeal on merits since the proceedings under Section 86A of Delhi Land Reforms Act, 1954 have already been initiated and pending against the respondent before the Court of the Revenue Assistant/ SDM (Alipur), Naya Bans, Delhi with the next date of hearing as 6.6.2015. Trial Court Record be sent back along with the copy of this order.
Appeal file be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU) Dated: 21.4.2015 ADJII(CENTRAL) DELHI GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 6 GNCT of Delhi & Ors. Vs. Jagdish Chander RCA No. 18/2012 21.4.2015 Present: Sh. Ravinder Singh Advocate for the appellant along with Sh. Satish Kumar BDO (North) and office Suptd. Sh. Pramod Yadav Advocate for the respondent.
The Additional Secretary has not appeared and one Sh. Satish Kumar the Block Development Officer (North) has appeared along with the office Suptd. who has placed on record two office orders i.e. Order bearing No. F.13(50)/2011/UD/MB/29382952 dated 1.4.2015 and Order No. F.13(50)/2011/UD/MB/102438 dated 20.2.2015. However, the above two office orders does not specifically satisfy the queries put by this Court and it appears that the appellants have nothing to say. Ld. Counsel for the appellant submits that he has instructions on behalf of the State that they shall not be demolishing the suit property without adopting the due process of law and in this regard the Block Development Officer (North) Sh. Satish Kumar has made a statement before this Court that the proceedings under Section 86A of Delhi Land Reforms Act, 1954 are already pending against the respondent for his eviction from the government land i.e. Khasra No. 38/30 situated in Village Hamidpur, Delhi which proceedings are pending before the Court of Revenue Assistant/ SDM (Alipur), Naya Bans, Delhi and the next date of hearing is 6.6.2015. He has stated that they are not pressing the present appeal GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 7 which may be disposed off without prejudice to the rights of the appellant to proceed in accordance with law in respect of the alleged encroachment on the government land. Ld. Counsel for the respondent submits that he was not aware of the above said proceedings previously and now he became aware of the same and shall join the said proceedings before the Revenue Assistant.
This being the background, vide a separate detail order dictated and announced in the open court, the appeal is disposed off. Trial Court Record be sent back along with the copy of the detail order.
Appeal file be consigned to Record Room.
(Dr. Kamini Lau) ADJII(Central)/ 21.4.2015 GNCT of Delhi & Ors. Vs. Jagdish Chander, RCA No. 18/12 Page No. 8