Delhi High Court
Surya Prakash Tyagi vs Lt. Governor & Others on 28 January, 2009
Author: Ajit Prakash Shah
* 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
