Aali Vihar Scoial Welfare ... vs Govt.Of Nct Of Delhi And Ors.
2011 Latest Caselaw 311 Del

21.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Judgment delivered on: 19th January, 2011

+      W.P.(C) 1638/2010


       AALI VIHAR SCOIAL WELFARE ASSOCIATION
       .....                                       Petitioner
                     Through Mr. Arun Sukhija, Advocate.

                      versus

       GOVT.OF NCT OF DELHI AND ORS.          ..... Respondents
                    Through Mr. N. Waziri, Standing Counsel for
                    GNCTD.
                    Mr. Anil Mittal, Advocate for respondent No.
                    2 along with Mr. V.K. Aggarwal, Executive
                    Engineer, Irrigation Department, U.P.
                    Mr. Krishanu Adhikary, Advocate for Mr.
                    Sunil Fernandes, Advocate for respondent
                    No. 4-BSES.
                    Mr. Sumeet Pushkarna & Mr. Jitender
                    Kumar, Advocates for respondent No. 6-
                    DJB.
                    Mr. Dinesh Agnani & Mr. Rahul Arora,
                    Advocate for respondent No. 7-MTNL.


        CORAM:
        HON'BLE THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE SANJIV KHANNA

1. Whether Reporters of local papers may be allowed to see the judgment?   Yes.
2. To be referred to the Reporter or not ?                                 Yes.
3. Whether the judgment should be reported in the Digest ?                 Yes.

DIPAK MISRA, CJ

       In this Public Interest Litigation, Aali Vihar Social Welfare

WRIT PETITION (CIVIL) No. 1638/2010                                   Page 1 of 4
 Association has prayed for following reliefs:-

              "(a) directing the respondents including
              respondent No. 2 not to construct the
              boundary wall on the road on Khasra No.
              355 passing through Aali Village and
              leading to Shiv Mandir, G-Block Aali Vihar,
              New Delhi-110076 and also not to restrict
              the smooth movement/ingress and egress of
              the residents of Aali Village and Aali Vihar,
              New Delhi-110076;

              (b) directing the respondents including
              respondent No. 2 to demolish the part of the
              boundary wall which has been constructed
              and restore the same to its original
              condition;

                     To issue any other Writ, orders or
              directions in the facts and circumstances of
              the present case which the Hon'ble Court
              may deem fit and proper in the interest of
              justice;"


2.     Be it noted, when this matter was listed on 10th March, 2010 and

thereafter notices were issued and on 7th April, 2010 it was directed

that no construction shall be made by the State of Uttar Pradesh/Uttar

Pradesh Irrigation Department.        It is not disputed that the land is

situated within the National Capital Territory of Delhi. The grievance

of the petitioner is that the Uttar Pradesh Irrigation Department is

constructing a wall on the land which belongs to the Government of

National Capital Territory of Delhi. True it is, be it noted, on earlier

WRIT PETITION (CIVIL) No. 1638/2010                             Page 2 of 4
 occasion this Court had directed for demarcation. Mr. N. Waziri,

learned Standing Counsel for GNCTD has stated that demarcation has

not yet taken place but the State Government has no grievance if Uttar

Pradesh Irrigation Department constructs a wall without disturbing the

infrastructure facilities which are available to the residents of Aali

Vihar. At this juncture, Mr. Anil Mittal, learned counsel for the Uttar

Pradesh Irrigation Department after obtaining instructions from Mr.

V.K. Aggarwal, Executive Engineer, Department of Irrigation, Uttar

Pradesh, has fairly stated that the construction shall be restricted to the

land which belongs to the State of Uttar Pradesh and the said

department shall not raise any construction on any land which belongs

to the Government of National Capital Territory of Delhi. Be it noted,

when it is stated that the construction shall take place only on the land

which belongs to the Uttar Pradesh Irrigation Department, it means that

they must have a clear right, titled and interest over the same but not a

claim as a possessory right.          Liberty is granted to the Irrigation

Department of Uttar Pradesh and the Government of National Capital

Territory of Delhi to sit across the table to settle the dispute, if any,

amicably, inasmuch as this Court has not expressed any view with

regard to the merits of the case.

3.     If the petitioner has any grievance or claim with regard to the
WRIT PETITION (CIVIL) No. 1638/2010                              Page 3 of 4
 easement right or any other kind, it is open to them to institute a civil

suit as advised in law. The writ petition is accordingly disposed of.

Needless to say, as the writ petition stands disposed of, the interim

order stands vacated.




                                             CHIEF JUSTICE



                                             SANJIV KHANNA, J.

JANUARY 19, 2011 VKR