Delhi High Court
Mohd. Shabbir vs Delhi Development Authority & Ors on 15 December, 2010
Author: Rekha Sharma
UNREPORTABLE
* IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) No.8362/2010
Date of Decision: December 15, 2010
MOHD. SHABBIR ..... Petitioner
through Mr. O.P.Saxena, Advocate with
Mr. Mithilesh Kumar, Advocate
versus
DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents
through Mr. Rajiv Bansal, Advocate for R-1.
Ms. Jyoti Singh, Advocate with Mr. Amandeep
Joshi, Advocate for respondents No.2 & 3.
CORAM:
HON'BLE MISS JUSTICE REKHA SHARMA
1. Whether the reporters of local papers may be allowed to see the
judgment? No
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported in the „Digest‟? No
REKHA SHARMA, J. (ORAL)
The petitioner has filed the present writ-petition praying for the
following reliefs:-
"a) Directing the respondents not to
interfere in erection of temporary shed, for
performance of Namaz-ai-Janaza in the
Kabristan/graveyard existing in Khasra
No.289-290, Village Mandoli, Delhi;
b) directing the respondents to
implement the report dated April 05, 2005
(Annexure P-3 herein).
Prior to the present writ-petition, the petitioner had filed
writ-petition bearing WP(Crl.) No.1384/2003 against the Government of
NCT of Delhi; Station House Officer, Police Station Nand Nagari and
Chowki Incharge, Harsh Vihar, P.S. Nand Nagari, praying for the
following two reliefs:-
"(i) issue a writ in the nature of
Mandamus thereby directing the respondent
No.1 to conduct an enquiry against the
respondents Nos.2 and 3 with regard to the
complaints vide Annexure-D (Colly) and take
legal action in accordance with law, regarding
the Wakf Religious property.
(ii) issue a writ in the nature of
mandamus thereby directing the respondents
not to harass, misbehave the muslim residents
of Village Mandoli and not to interfere in the
day to day affairs regarding graveyard/Cheda
Kabristan Aahle - Islam Wakf situated at
Khasara No.289, 290 (56 Bighas 16 biswas)
Village Mandoli, P.S. Nand Nagri, Delhi."
On the aforesaid writ-petition, a Division Bench of this Court
passed an order dated January 19, 2005 and thereby directed
Secretary (Revenue) to call for a meeting of responsible officers of the
Delhi Development Authority, Land Acquisition Collector and Delhi
Wakf Board to sort out the problem which was arising in the matter
with a further direction to file a detailed report within a period of eight
weeks. Pursuant to the order so passed, report dated April 05, 2005
was submitted to the Division Bench and the Division Bench by order
dated April 13, 2005 disposed of the writ-petition in terms of the
report.
The learned counsel for the petitioner in support of the reliefs
claimed in the present writ-petition has relied upon paragraph-10 of
the report dated April 05, 2005. The same runs as under:-
"10. In the meeting held on 1.4.2005, it
was unanimously decided that as the major
portion of the land of these khasras are under
encroachment by way of temples, shouchalays
etc., DDA cannot utilize this land for
implementing its plan. Hence, it was decided
that the area available in both these khasras
may be allotted by DDA on its terms and
conditions to Graveyard, Park and School. The
area measuring 20,822.23 Sq. Mtr. May be
allotted to Wakf Board for graveyard marked
„A‟ in the site plan, the area measuring
3393.02 Sq. Mtr. to Park/Green area marked „B‟
in the site plan and the area measuring
7590.66 Sq. Mtr. to Govt. Sr. Sec. School
Marked „C‟ in the site plan."
It is contended by learned counsel for the petitioner that in
terms of paragraph-10 of the report, the area measuring 20,822.23
square meters was to be allotted to the Wakf Board for graveyard and
that despite this Court having disposed of the writ-petition on the basis
of what was contained in paragraph-10 of the report, the same has not
been implemented. Hence, as noticed above, the petitioner prays for a
direction to the respondents to implement the report and in the
meanwhile, further prays that he be allowed to erect a temporary shed
for performance of Namaz-ai-Janaza in the Kabristan/graveyard
existing in Khasra No.289-290, Village Mandoli.
The learned counsel for respondent No.1-DDA who is present on
advance notice submits that the petitioner has no locus to file the
present writ-petition. As per him, the area measuring 20,822.23
square meters referred to in the report has to be allotted to the Wakf
Board and if at all anybody has any claim regarding the said area or
any right flowing therefrom, it is the Wakf Board.
Having heard learned counsels for the parties, I am inclined to
agree with the submission of the learned counsel for respondent
No.1-DDA that in view of paragraph-10 of the report, if at all anybody
has any right to approach the Court, be it on account of
non-implementation of the report or for the purpose of erecting a
temporary shed with regard to the land measuring 20,822.23 square
meters, it is the Wakf Board.
For the foregoing reasons, I find no merit in the writ-petition.
The same is dismissed.
Dasti.
REKHA SHARMA, J.
DECEMBER 15, 2010
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