Gautam Nagar Residents Assn. ... vs Municipal Corporation Of Delhi ...
2007 Latest Caselaw 2373 Del

JUDGMENT

Mukundakam Sharma, C.J.

1. With the allegation that there is large scale encroachment in public road from Aurobindo Marg to Gautam Nagar this writ petition was filed by the Gautam Nagar Residents' Association praying for a direction that the said encroachments should be removed both from the pavements and also from the public road by demolishing unauthorised shops.

2. By order dated 1st December, 2004 this Court directed the SDM concerned to carry out demarcation under supervision of the Deputy Commissioner of the area. It was also recorded in the said order that the dispute is with regard to Khasra No. 73, situated at village Yusuf Sarai and Khasra Nos. 115 to 118, Ali Ganj. It is also mentioned in the said order that there is a road connecting Aurobindo Marg and road to Gautam Nagar. In the said order the Court also recorded that the dispute sought to be raised is as to whether the road in Khasra No. 73 is situated within the lands of Yusuf Sarai or Ali Ganj, whether the 40 shops which are in existence are on Khasra No. 73 or Khasra Nos. 115 to 118 of Ali Ganj and lastly whether the shops are encroaching upon the road or not? In terms of the observations made in the order dated 1st December, 2004, the SDM was directed to carry out demarcation as aforesaid. SDM was also directed to indicate the width of the road as per the plan as also the existing width of the road.

3. Pursuant to the said directions, demarcation proceedings were conducted and demarcation report dated 28th February, 2004 had been filed. We have perused the demarcation report which is a detailed report prepared after taking measurements of all concerned Khasra numbers. As per the report, a puce road is situated in the north of Khasra No. 73 and north-west of corner of western line of the Khasra No. 73 comes approximately 2/3 Gatta inside the road and the remaining corner of the field is correct at its place. The report further states that shops and houses have been found constructed on Khasra No. 73. The report disclosed that as the records which were perused and available were related to Bandobasti year 1908-09, minus-plus of one Gatta is possible and that khasra No. 73 has not been acquired as per the report of the Land Acquisition Branch.

4. Thereafter, two more demarcation proceedings took place, one on 11th January, 2005 and another on 18th January, 2005, pursuant to the orders of this Court. Report of the said demarcation is also placed on record. These demarcations were conducted by the SDM (Hauz Khas) and Tehsildar (Hauz Khas) in presence of the Deputy Commissioner (South).

5. On completion of the aforesaid demarcation, order dated 12th September, 2007 was passed by this Court for removal of encroachment on the public road in the area. Pursuant to the said order a joint encroachment removal action for removal of encroachment from public/government land at Yusuf Sarai and Gautam Nagar area was carried out. It is stated that during the aforesaid exercise in the aforesaid area and also in the road leading to Aurobindo Marg to Gautam Nagar Nalah along with AIIMS boundary wall was also taken up and all encroachments in the shape of tin sheds and puce 'tharas' have been removed which were coming in the right of way of the existing road. As per the aforesaid action taken report temporary encroachments in the shape of rehris, khokas and wooden table etc were also removed from the public/government land which were creating hindrance to the smooth flow of traffic. Photographs in support of the statements made in the report are also placed on record which are not disputed by any of the parties. We have perused the said photographs and on going through the same we find that the concerned authorities have made efforts for removal encroachments, as is apparent from the photographs.

6. In view of the aforesaid fact, we are satisfied that encroachments from the public/government land have been removed. The reliefs that are sought for by the petitioner in the writ petition were also for removal of the encroachments including shops as well as hawkers on the main road of Gautam Nagar, commencing from Yusuf Sarai Market on Aurobindo Marg and leading to Gautam Nagar. Action as aforesaid for removal of encroachments having been taken, in our considered opinion nothing survives in this writ petition. Demarcation reports also have been taken notice of by the concerned authorities and these are available on record. The reports indicate the correct position including the property described as Khasra No. 73. The aforesaid position found on demarcation exist on record. Counsel for the MCD during the course of arguments has assured the Court that no encroachment on the public/government land is allowed and will be allowed. Any encroachment made shall be removed. We accept the aforesaid statement and dispose of this writ petition with the aforesaid observations and directions.