Sh. Subhash Chand Jain & Anr vs Govt. Of Nct Of Delhi & Ors.
2011 Latest Caselaw 2632 Del

            *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 16th May, 2011.

+                   W.P.(C) 5262/2010 & CM No.10372/2010 (for stay)
%        M/S ASHIRWAD ENTERPRISES                 ..... Petitioner
                     Through: Mr. V.P. Rana, Adv.
                                      Versus

         GOVT. OF NCT OF DELHI & ORS.          ..... Respondents
                      Through: Mr. S.D. Salwan & Mr. Neeraj
                               Choudhary, Advocates for GNCTD.
                                       AND
+                     W.P.(C) 5264/2010 & CM No.10374/2010 (for stay)
%        SH. SUBHASH CHAND JAIN & ANR              ..... Petitioners
                      Through: Mr. V.P. Rana, Adv.

                                      Versus
         GOVT. OF NCT OF DELHI & ORS.          ..... Respondents
                      Through: Mr. S.D. Salwan & Mr. Neeraj
                               Choudhary, Advocates for GNCTD.
CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1.       Whether reporters of Local papers may                        No
         be allowed to see the judgment?

2.       To be referred to the reporter or not?                       No

3.       Whether the judgment should be reported                      No
         in the Digest?
W.P.(C)5262/2010 & W.P.(C)5264/2010                               Page 1 of 5
 RAJIV SAHAI ENDLAW, J.

1. The writ petitions have been filed claiming that the petitioner in

each of the cases is in lawful possession of godown in Village-Siraspur;

that though notices dated 11 th June, 2010 under Section 86A of the DLR

Act were issued to the petitioner in each case for 26 th July, 2010 but even

prior thereto on 16th June, 2010 action for demolition was carried out and

the petitioner called upon to hand over possession of the land. The present

writ petitions were filed impugning the actions of 16 th June, 2010 and 17th

June, 2010 and for restraining the respondents from forcibly taking over

possession of the land from the petitioners.

2. Notice of the writ petitions were issued and the respondents

restrained from dispossessing the petitioners or from carrying out any

further demolition but with the condition that the petitioners shall not deal

with the property in any manner whatsoever and shall not part with

possession or make any addition, alteration or construction thereon.

3. Counter affidavits have been filed by the respondents. Though the

concerned BDO as directed also appeared before this Court on 8th

February, 2011 but was of no help.

4. The status of the proceedings under Section 86A supra has been

enquired into. The counsel for the petitioners states that as far as the

petitioners are aware, after the demolition action, the proceedings under

Section 86A have been closed. He however informs that the petitioners

have also filed proceedings under Section 85 for declaration of their

bhumidhari rights and the same are pending. On enquiry as to the present

status of the property, it is informed that only part construction of the

godowns, was demolished and the remaining structure still exists.

5. The counsel for the respondent GNCTD states that he is not aware

as to whether Section 86A proceedings are pending or not.

6. In the aforesaid circumstances, these writ petitions are disposed of

with the following directions:

(i) Even if Section 86A proceedings are not being pursued

further, the respondents shall be entitled to re-initiate the same

and/or commence fresh proceedings of Section 86A for eviction of

the petitioners from the subject land.

(ii) The proceedings if any by the respondents under Section 86A

and the proceedings by the petitioners under Section 85 shall be

tried together and the Revenue Assistant concerned shall dispose of

the said proceedings on or before 30th July, 2012.

(iii) The petitioners are restrained from making any addition,

alteration and construction on the subject land and are further

restrained from alienating or parting with possession thereof till the

disposal of the proceedings aforesaid.

(iv) Subject to the petitioners complying with the aforesaid

conditions, the respondents till the culmination of the proceedings

aforesaid, shall not dispossess the petitioners from the subject land

and shall also not carry out any further action of demolition thereon.

(v) Both parties shall be entitled to take all pleas available to

them in the proceedings aforesaid.

The writ petitions are disposed of. No order as to costs.

Copy of this order be given Dasti under signature of the Court Master.

RAJIV SAHAI ENDLAW (JUDGE) MAY 16, 2011 bs