Delhi High Court - Orders
Mahesh Kumar & Ors vs Government Of Nct Of Delhi And Ors on 27 September, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10973/2021 & CM. APPLS. 33818-19/2021
MAHESH KUMAR & ORS. ..... Petitioners
Through Mr. Aman Shokeen, Advocate.
Versus
GOVERNMENT OF NCT OF DELHI AND ORS..... Respondent
Through Mr. Naushad Ahmed Khan, Additional
Standing Counsel, GNCTD.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 27.09.2021
1. The hearing was conducted through video conferencing.
2. Petitioners seek quashing of demolition notice dated 16.09.2021 and a restraint on the Department of Forest and Wild Life from carrying out the proposed planned demolition action in Khasra Nos. 205 and 216 of village Chhattarpur, New Delhi.
3. Learned counsel for the petitioners submits that the petitioners' land is situated in Khasra No.216, village Chhattarpur, New Delhi. He submits that the impugned demolition notice seeks to take action against encroachers of Khasra No.205 of village Chhattarpur on the ground that the same has been notified as a reserved forest land as per Notification of 1996.
4. He submits that the notice has been posted on the property of the petitioners which is not situated in Khasra No.205 but situated in Khasra Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:28.09.2021 07:45:20 W.P.(C) 10973/2021 Signing Date:27.09.2021 1 22:12 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
No.216 and action is contemplated against the petitioners' property based on the said notice.
5. Mr. Naushad Ahmad Khan, learned Additional Standing Counsel appearing for the respondents submits that the notice is restricted to Khasra No.205 village Chhattarpur.
6. He submits that notice has been issued in terms of directions issued by the National Green Tribunal vide its order dated 15.01.2021, wherein it is directed that all encroachments on forest land has to be specifically removed in a time bound manner.
7. He submits that insofar as the present notice is concerned, action is proposed to be taken only against encroachments in Khasra No.205. He submits that there may be other notices issued in respect of other khasra numbers, which are part of the reserved forest land but the impugned notice is restricted to only Khasra No.205.
8. He submits that action is proposed to be taken as per the settled demarcation report of the authorities, which is not even under challenge in these proceedings.
9. He further submits that the petitioners have merely produced certain documents claiming title wherein there is a description of Khasra No.216 without a proper identification of the land. He submits that there is a possibility that petitioners could be encroaching upon Khasra No.205, claiming it to be Khasra No.216.
10. He, however, submits that, as per this impugned notice, action is going to be taken strictly in accordance with the settled demarcation plan with regard to Khasra No.205.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU
Signing Date:28.09.2021 07:45:20
W.P.(C) 10973/2021 Signing Date:27.09.2021 2
22:12
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
11. Since the statement of respondents is that they are taking action, pursuant to a direction of the National Green Tribunal, which has directed a time-bound action to be taken and further the action as per the impugned notice is to be taken against encroachment only in respect of Khasra No.205 as per the demarcation report, petitioners who claim to be in Khasra No.216 and not Khasra No.205 should not have any cause of concern because as per them, their property fall in Khasra No.216 and no action is proposed by the respondent in Khasra No. 216.
12. In case land of the petitioners falls in Khasra No.205 but is described as Khasra No. 216, then in any eventuality, petitioners are not entitled to any protection in view of the specific directions issued by the National Green Tribunal.
13. In view of the above, I am not inclined to entertain the present petition. The Petition is accordingly dismissed.
14. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 27, 2021
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU
Signing Date:28.09.2021 07:45:20
W.P.(C) 10973/2021 Signing Date:27.09.2021 3
22:12
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.