* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7501/2007
% Date of decision 28th January, 2009.
SURYA PRAKASH TYAGI ..... Petitioner
Through Mr.Sudhir Kr.Sharma, advocate.
versus
LT. GOVERNOR & ORS ..... Respondents
Through Mr.D.K.Sharma, Mr. Madan Gera,
advocates for R-10.
Mr.Rajeev Sharma, advocate for R-1,3&8.
Mr.Anoop Bagai, Mr.Devenra Nautiyal, advocates
for MCD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
Petitioner has alleged that the respondents-authorities are permitting illegal occupation and unauthorized construction on Gaon Sabha land in Vill. Jharoda Majra Burari, Delhi. Learned counsel for the petitioner has drawn our attention to the khatauni for the year 1995-96 vesting the land in Khasra nos. 22/16/2, 22/17, 22/18, 22/19/1, 22/22/1, 22/23 and 22/24, measuring 13 bighas 19 biswas, in the Gaon Sabha after recording the name of the earlier owner as M/s.Supreme Commercial Enterprises Ltd. He has also drawn our attention to the photographs at pages 68-69 of the paper book which show that fresh construction is being undertaken on vacant land but several portions of the said land are still vacant.
2. On 6th August, 2008, learned counsel for M/s. Supreme Commercial Enterprises Ltd had stated that the lands were wrongly recorded in the name of the said company and the said land had been transferred to various persons.
3. Learned counsel for GNCT of Delhi has filed status report stating, inter alia, that pursuant to proceedings under the Delhi Land Reforms Act, 1954 order of permanent injunction was passed directing M/s.Supreme Commercial Enterprises Ltd not to raise any further construction and the S.H.O., Timarpur was directed to ensure that no further construction was carried out. It is further stated that there was violation of Section 81 of the Delhi Land Reforms Act, 1954 and the land now vests with the Gaon Sabha. Steps have been also taken to ensure that no unauthorized construction or encroachment takes place. As per the status report, there are about 37 inhabited houses in the said khasra and fresh construction was going on in about 5-6 houses.
4. Learned counsel for the other private respondents submitted that the land in question forms part of a provisionally recognized colony, namely, Hardev Nagar and the said houses were constructed prior to 2001. Learned counsel for the petitioner has disputed the said submission and submitted that the khasra numbers mentioned above are not part of Hardev Nagar Colony and the respondents are trying to take advantage and benefit of the Notification by claiming that this area is part of Hardev Nagar Colony, though in fact it is outside the said Colony.
5. The sale deeds executed in 2005 relied upon by the private respondent only refer to sale of vacant land and not any construction thereon. As already stated above, the photographs filed on record as well as status report filed by GNCT of Delhi does not support the case and contentions raised by the private respondents.
6. In these circumstances, we appoint Mr. Sanjeev Ralli, advocate as a Local Commissioner to visit the khasras and with the help of the revenue authorities demarcate the entire area. Local Commissioner will take photographs and note full details of the existing construction and vacant unconstructed land. The Revenue authorities will provide assistance to the Local Commissioner. GNCT of Delhi will also take steps to take satellite images/photographs of the area in question and ensure that no further construction or encroachments are made. In case unauthorized construction or encroachment is made, the revenue authorities will take steps in accordance with law and if required will take help of the local police.
List the matter on 4th March, 2009.
Copy of the Order will be given DASTI to Standing counsel for GNCT of Delhi and the Local Commissioner who will file their report within five weeks.
CHIEF JUSTICE SANJIV KHANNA, J.
JANUARY 28, 2009 P/VKR