Delhi High Court
Pradeep Kumar & Anr vs Uoi & Ors. on 21 February, 2012
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5074/2007 & C.Ms. No.14961/2007,
11947/2008,11948/2008, 13018/2008, 16242/2009,
16243/2009,72/2010 and 74/2010.
Date of Decision:21st February, 2012
IN THE MATTER OF:
PRADEEP KUMAR & ANR ..... Petitioners
Through : Mr. Anand Yadav, Adv.
versus
UOI & ORS. ..... Respondents
Through : Mr. Neeraj Chaudhary, Adv. for
Govt. of NCT of Delhi.
Ms. Manpreet Kaur, proxy counsel for Mr.
Mukesh Gupta, Adv. for MCD.
SI Vijender Kumar, PS Kapasphera.
Mr. Pankaj Vivek, Adv. for the applicant in C.M.
No.13018/2008.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
: HIMA KOHLI, J (Oral)
1. Vide order dated 18.10.2011, respondent No.3/MCD was
directed to file a fresh status report clearly stating inter alia as to
whether any other encroachments exist on public land, subject matter
of the present writ petition, apart from the portion of the land, subject
matter of WP(C)No.3412/2010, in which a stay is operating in favour
of the petitioner therein. It was further directed that in case any
malba was found to be lying on public land, respondent No.3/MCD
would ensure its removal before the next date of hearing.
2. A status report has been filed by respondent No.3/MCD on
20.1.2012, wherein it is stated that encroachment removal action was
undertaken on 24.2.2010 and 25.2.2010, as per the demarcation
made by the revenue authorities. However, further encroachment
removal action could not be undertaken on the aforesaid dates due to
resistance faced from the local residents. In April, 2010, encroachment
removal action was again undertaken by the MCD in respect of a part
of the subject premises. It is further stated that as per the recent
inspection carried out by the officers of respondent No.3/MCD in terms
of the order dated 18.10.2011, no encroachment was found in the
properties against which earlier encroachment removal action had
been undertaken by respondent No.3/MCD in February and April,
2010, nor was any malba found lying on public land. It is submitted
that respondent No.3/MCD had addressed a letter dated 29.12.2011 to
the SDM, Vasant Vihar, New Delhi, to intimate the MCD as to whether
any further encroachment existed on public land in respect of Khasras
No.69 and 249/2 situated in village Dhool Siras, Delhi, for it to take
appropriate action in that regard.
3. As the SDM of the area is not a party in the present proceedings,
counsel for respondent No.2/Govt. of NCT of Delhi is directed to enter
appearance on behalf of the SDM, Vasant Vihar, New Delhi. A
complete set of the paper book be furnished by the counsel for the
petitioners to the SDM within one week. Within two weeks thereafter,
the SDM of the area shall directly inform the Deputy Commissioner,
MCD of the Zone if there exists any encroachment on public land,
subject matter of the present writ petition. If it is confirmed by the
SDM of the area that there does exist encroachment on public land,
then he shall convey the same to the MCD, whereafter a date shall be
fixed by them for a joint inspection of the area, within one week from
the date of the aforesaid intimation. After completion of the joint
inspection, respondent No.3/MCD shall take appropriate action for
removal of encroachment as per law, within a period of four weeks.
An action taken report shall be placed on record by respondent
No.3/MCD within a period of two weeks from the date of removal of
encroachment, with an advance copy to the counsel for the petitioner.
4. Before taking any removal action with regard to the
encroachment on public land, the SDM shall bring to the notice of
respondent No.3/MCD any injunction orders passed by any
court/forum in respect of the land falling in the subject Khasras.
5. While undertaking the aforesaid joint inspection, the SDM shall
also take into consideration the stand of the applicants in CM
No.16242/2009 (i.e., Mr. Mahender Singh and Jaswant Singh), CM No.
73/2010 (i.e., Mr. Mahender Singh) and CM No.74/2010 (i.e., Balwant
Singh), if not already examined, and verify as to whether there is any
stay order granted in favour of the said applicants in any other
proceedings. As regards the orders passed in C.M. No.16242/2009
filed by Sh. Mahender Singh and Sh. Jaswant Singh, it was directed
that if there is any stay operating in favour of the said applicants, then
the SDM shall call upon them to furnish copies of the said stay orders
in respect of the land occupied by them. Only after satisfying himself,
shall the SDM call upon respondent No.3/MCD to carry out demolition
action in respect of the land, subject matter of the present writ
petition, which shall be undertaken as per law.
6. In the meantime, respondent No.3/MCD shall ensure strict
compliance of the order dated 18.9.2008 by carrying out an inspection
of the area on a regular basis and further, if a road is to be laid in the
area cleared from encroachment, steps in that regard shall be initiated
and the work completed in a time-bound manner, preferably within a
period of six months from the date of awarding the work order.
7. The writ petition is disposed of, along with the pending
applications, with liberty granted to the petitioner to approach the
Court in case the action taken report is not filed by respondent
No.3/MCD in terms of the order passed today.
(HIMA KOHLI)
FEBRUARY 21, 2012 JUDGE
sk/anb
