Mujeeb Ahmad And Ors. vs Delhi Development Authority And ...
2004 Latest Caselaw 1252 Del

JUDGMENT

B.C. Patel, C.J.

1. This petition is confined to the 7 bighas of land which forms part of khasra No. 529. There is a decree made by the Court in Suit No. 60 of 1971 by Sub Judge, Delhi against which an appeal was preferred being RCA No. 77 of 1997, which was dismissed by the District Judge. Thus it is very clear that so far as 7 bighas forming part of khasra No. 529 is concerned, that must be maintained as a ''Qabrisatan''. For the purpose of clarity, we would like to refer to para 7 of the court's order, which reads as under:-

''In the result, the defendant Corporation is permanently restrained from filling up of the pits, levelling of the ground and from erecting the boundary wall and from causing interference in any way, without the consent and convenience of the plaintiff upon the land of qabristan known as ''Qabristan Panj piaran'' Link Road, Delhi, which measures 7 bighas in area and forms part of Khasra No. 529 and on whose one side there runs a nala and on the other side there runs a Link Road and on the 3rd side the same is bounded by the line D.C. as shown in the site plan Ex. PW.3/1 and which has been coloured in red colour. The position of the line/AB in the site plan.''

2. Thus, these 7 bighas indicated clearly in the order which require to be protected. On behalf of the respondent Delhi Development Authority, it is submitted that ''Qabristan'' is in khasra No. 529/1. However, we note that the Court has referred to the l and in question as part of khasra No. 529. Further, there is a site plan Ex. PW.3/1, which is clear from the order which we have reproduced hereinabove. Thus, the land which is required to be protected is 7 bighas mentioned therein. Therefore, all the parties are restrained from interfering with the possession of the said 7 bighas of land, which is in the possession of Delhi Wakf Board. The petition stands disposed of.