Delhi High Court
Vijay Sharma vs Govt. Of Nct Of Delhi & Others on 11 March, 2010
Author: Sanjiv Khanna
11
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7318/2008
VIJAY SHARMA ..... Petitioner
Through Mr.Shahzad Khan, advocate.
versus
GOVT OF NCT OF DELHI & ORS ..... Respondents
Through Mr.Rohit Madan, advocate.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 11.03.2010
1. The petitioner claims that he is the owner of two plots bearing
nos. 27 and 27A measuring 400 sq. yds in Freedom Fighters' Enclave,
vill. Naib Sarai, New Delhi. It is stated that this Colony is an
unauthorized colony and is included in the list of colonies which are to
be regularized and the respondent-GNCTD has also issued a eligibility
slip or provisional regularisation certificate in respect of the said
colony.
2. Learned counsel for the petitioner further submits that in some
writ petitions, orders have been passed directing, inter alia, that the
respondent should not demolish the existing construction and
possession of the occupant should not be disturbed. Learned counsel
for the petitioner claims that the petitioner is also entitled to the same
relief as has been granted to others. It is also stated that some other
writ petitions on identical facts are pending in this Court.
3. By Order dated 17th October, 2008, the petitioner was directed to
file on record photographs to show the nature and extent of
construction, if any, existing on the said plots. The petitioner has filed
photographs along with an affidavit. A bare perusal of the photographs
WPC No.7318/2008 Page 1
reveals that only a small brick hut, which appears to have been
recently constructed, exists on the plots. The brick hut has only one
open door and window without any shutters. The photographs further
reveal that there is vegetation all around and plants/bushes have
grown. The plots and the hut are therefore not inhabited and in use.
4. The respondent-GNCTD has filed counter affidavit stating that
the aforesaid plots fall in Khasra no.96 Min which belong to Gaon
Sabha and therefore the respondent are entitled to reclaim and take
custody of the said land. It is stated that the petitioner cannot
encroach upon the Gaon Sabha land and claim benefit of
regularisation.
5. As noticed above, the so called brick hut can hardly be
regarded as a permanent habitable construction. There is no door,
windows or fixed shutters. There is only one room made of bricks
which is not in occupation of any person and is not lived in. The
photographs reveal that bushes, shrubs and other vegetation all over.
The plots are not occupied and used. Admittedly, the land in question
belongs to Gaon Sabha and the petitioner does not therefore have any
right, title and interest on the same. The petitioner cannot claim parity
with other cases wherein construction is already existing or people are
residing. Even if the colony is to be regularized, the respondent will
require land for providing public and civic facilities as also green area.
In these circumstances, I do not find any merit in the present Writ
Petition and the same is dismissed. No costs.
SANJIV KHANNA, J.
MARCH 11, 2010
P
WPC No.7318/2008 Page 2
