Delhi High Court - Orders
Rajiv Bal vs Government Of Nct Of Delhi & Anr on 24 November, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16240/2022
RAJIV BAL ..... Petitioner
Through: Mr. Abhinav Vashist, Sr. Adv.
with Mr. Divyakant Lahoti, Mr.
Parikshit Ahuja, Ms. Priya
Singh, Ms. Vindhya Mehra and
Mr. Kartik Lahoti, Advs.
versus
GOVERNMENT OF NCT OF DELHI & ANR.
..... Respondents
Through: Ms. Mehak Nakra, ASC (Civil)
for GNCTD.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 24.11.2022 CM APPL. 50811/2022 (exemption) Allowed, subject to all just exceptions.
Application shall stand disposed of.
W.P.(C) 16240/2022 & CM APPL. 50810/2022(Stay)
1. The challenge in the instant writ petition is to a notice dated 18 October 2022 which holds that the land bearing Khasra Nos. 32/22, 32/23/1, 47/2 situate in Orchid Farm, Village Jaunapur, New Delhi [„subject land‟] forms part of a notification issued under Section 4 of the Indian Forest Act, 1927 [the 1927 Act] and since the petitioner has allegedly encroached upon the same, the said action constitutes a violation of Section 26 of the 1927 Act. Accordingly, the Deputy Conservator of Forests (South Forest Division) has proceeded to frame directions for vacation of all encroachments.
2. Mr. Vashist, learned Senior Counsel appearing for the writ petitioner, contends that the petitioner had purchased this land even prior to the issuance of the notification under Section 4 of the 1927 Act which came be promulgated on 24 May 1994. He further draws the attention of the Court to the said notification itself and which Signature Not Verified would indicate that plots have not been mentioned therein in terms of Digitally Signed By:NEHA Signing Date:24.11.2022 19:03:50 survey numbers.
3. The respondents appear to have initiated action in light of the orders passed by the National Green Tribunal in Sonya Ghosh vs. Government of NCT of Delhi and Others, [O.A. No. 58/2013]. Dealing with identical challenges, the Court had in Sultan Singh Deswal & Ors. vs. GNCTD & Ors., [W.P.(C) 5601/2022] passed the following order on 04 April 2022: -
"3. The Court is apprised that dealing with an identical controversy, it had passed the following order in W.P.12404/2021:-
"These petitions were heard by the Court and interim orders of protection made in light of the apprehension of imminent eviction. From the affidavits which have been filed on behalf of the State respondents, the Court is apprised that the entire exercise of identification and safeguarding of forest land was undertaken by the respondents pursuant to the directions issued by the National Green Tribunal in the matter of Sonya Ghosh Versus Goverment of NCT of Delhi and Others.
Mr. Satyakam, who appears for the respondents, however, draws the attention of the Court to challenges to the demarcation undertaken in 2017 and 2019 as are raised and urged by the petitioners in the affidavits in rejoinder which have been filed. Learned counsel in his usual fairness suggested that in order to allay all such doubts, the respondents are willing to undertake an exercise of verification by demarcation so that the veracity of the doubts that are raised may be duly evaluated and the entire controversy laid to rest. The aforesaid suggestion as mooted is accepted by learned counsels appearing for the petitioners.
In view of the aforesaid, this Court is of the considered view that the suggestion as put forth would merit acceptance. Accordingly, the claims of the petitioners as raised in this batch and which also relate to the actual location of their respective properties or parts thereof existing on khasras which are asserted to be part of forest land may be duly verified by way of demarcation in order that the controversy raised in these writ petitions may be finally laid to rest. The aforesaid exercise shall be undertaken at the cost of the petitioners. The exercise may be completed within a period of four weeks from today and a status report drawn by the respondents in this respect. The report may be circulated amongst parties on or before the next date fixed."
4. The dispute here pertains to Khasra No.477, 482, 483 and 488 falling in Village Neb Sarai.
5. Mr. Satyakam, learned counsel appearing for the Signature Not Verified respondents states that subject to all contentions on merits being Digitally Signed By:NEHA Signing Date:24.11.2022 19:03:50 kept open, the respondents shall duly undertake the exercise of verification by way of demarcation as per the provisions made in the earlier order passed and submit a status report on or before the next date fixed. The Court further provides that the exercise of verification shall be undertaken with due notice to the petitioners here.
6. The Court takes note of the admitted fact that the petitioners in W.P.12404/2021 had been accorded interim protection in the meanwhile. In view of the above, it is provided that the respondents shall stand restrained from taking any coercive action against the property of the petitioner till the next date of listing.
7. The Court further notes and reserves the right of the petitioner to raise any objection that they may have to the ultimate verification report which is proposed to be filed.
8. List again on 30.08.2022."
4. In view of the aforesaid, the petitioner here is also held entitled to interim protection.
5. The respondents shall consequently stand restrained from interfering with the possession of the petitioner over the subject land or from initiating any action for demolition or taking any other coercive steps in respect of the subject property till such time as the exercise of verification by way of demarcation is undertaken. The respondents shall be obliged to undertake an exercise similar to that ordered in Sultan Singh subject to the petitioner making a formal application for the aforesaid exercise being initiated.
6. Notice. Let the noticed respondents file a reply within a period of four weeks from today. The petitioner shall have three weeks thereafter to file rejoinder affidavit.
7. This matter shall stand tagged with W.P.(C) 5601/2022 to be called on 17.04.2023.
Dasti under the signature of the Court Master.
YASHWANT VARMA, J.
NOVEMBER 24, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:24.11.2022 19:03:50