Ganga Vihar Rw Association & Ors. vs Uoi & Ors.
2012 Latest Caselaw 379 Del

*         IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          W.P.(C) No.1306/2007

                                              Decided on: 19.01.2012
IN THE MATTER OF
GANGA VIHAR RW ASSOCIATION & ORS.             ..... Petitioners
                  Through : Mohd. Sajid, Adv.

                  versus

UOI & ORS.                                           ..... Respondents
                        Through : Mr. R.V. Sinha, Adv. for R-1/UOI.
                        Mr. V.K. Tandon, Adv. for R-2/
                        Govt. of NCT of Delhi.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (ORAL)

1. The present writ petition has been filed by the petitioners

seeking directions to the respondents not to dispossess forty one petitioners,

members of the petitioner No.1 Association, or disturb their possession in

the colony known as Ganga Vihar.

2. It is the case of the petitioners that since the year 1986, they

are the resident members residing in the colony named Ganga Vihar, Village

Kilokari, Ring Road, New Delhi, and had purchased plots from the original

owners on which structures had been constructed by them comprising of

Khasras No.530/1, 532/1, 1260, 535/1, 491/1, 522/1-6, 520/1/1, 521/1,

517 and 519, Village Kilokari, Ring Road, New Delhi. It is averred in the

writ petition that in the year 1987, the colony in question came into

existence and the residents and the members of the petitioner/Association

started residing there with their families. In the year 1990, the colony

applied to respondent No.2/Govt. of NCT of Delhi for being regularized. An

acknowledgement receipt dated 31.1.2005 was issued by respondent

No.2/Govt. of NCT of Delhi acknowledging the receipt of an application for

regularization of the unauthorized colony, which is placed on record as

Annexure P-1. It is stated that the name of the colony of the

petitioners/Association features at item No.300 in a list of 1432 colonies,

which have applied for seeking regularization (Annexure P-1).

3. The petitioners claim that during the pendency of the aforesaid

application for regularization, on 14.12.2006, the staff of respondent

No.2/Govt. NCT of Delhi and that of respondent No.3/DDA visited the said

colony with police force for undertaking demolition action. Aggrieved by the

aforesaid demolition action, the petitioners submitted a representation to the

respondents on 22.2.2006 and on 22.1.2007 and thereafter filed the present

writ petition on 19.2.2007 with the prayer, as mentioned herein above.

4. When the present writ petition was listed on 22.2.2007, counsel

for respondent No.3/DDA had stated that there was a willful suppression of

material facts in the writ petition and he had sought time to place on record

the photographs and other relevant documents required to substantiate the

said submission. As a result, he was directed to file an affidavit.

5. A short affidavit was filed by OSD (LM), DDA on 24.4.2007 and

an additional affidavit was filed by the Director (Land Management), DDA on

23.7.2010 wherein, it was stated that the petitioners had not approached

the Court with clean hands and had deliberately concealed material facts. It

was averred that the land in question was acquired land and physical

possession thereof was handed over by the LAC, Land & Building

Department, Govt. of NCT of Delhi to respondent No.3/DDA on 27.12.1990

and on 9.2.2007. A copy of the possession report was placed on record

along with the earlier affidavit dated 24.4.2007. It was further submitted

that the land in question was lying vacant and there was no colony in

existence on the subject land. It was thus stated that the present petition

was an attempt on the part of the petitioners/Association to grab

Government land, which is impermissible. In para 5 of the affidavit, it was

submitted that even otherwise, the purported provisional regularization that

the petitioners were relying upon is only a copy of an acknowledgement

receipt issued by Govt. of NCT of Delhi, acknowledging an application for

regularization submitted by the petitioner/Association on 31.1.2005.

6. On 27.10.2008, respondent No.3/DDA addressed a letter to the

Principal Secretary (Urban Development), Govt. of NCT of Delhi, to provide it

a copy of the layout plan and other documents submitted by the RWA of

Ganga Vihar with its application for purposes of verification. Upon physical

verification, it transpired that there is no colony existing on the land in

question. A copy of the letter dated 23.10.2008 addressed by the

Commissioner (L.M.), DDA to the Principal Secretary (UD), Govt. of NCT of

Delhi is enclosed as Annexure-E to the aforesaid affidavit. The contents of

the aforesaid letter are reproduced herein below:

"Sir,

I would like to bring to your kind notice that unauthorized colony namely, Ganga Vihar, Kilokari near Kalindi Colony, Delhi-14, appearing at S.No.390 in the list of 1432 unauthorized colonies has been physically verified by the official of DDA. It has been reported that no such colony exists at the site. It appears that some vested interests have included the name of this colony in order to grab the vacant DDA land in the area.

I would like to request you kindly make available the copies of layout plan and other documents submitted by this colony for immediate verification. In the meantime, I would also like to request you not to consider the regularization of this colony.

With regards."

7. The aforesaid letter was duly acknowledged by Principal

Secretary (UD), Govt. of NCT of Delhi, vide reply dated 24.12.2008 and an

assurance was given to DDA that the concerned file pertaining to the colony

in question had been forwarded to Director, Unauthorized Cell, DDA for

scrutiny and verification and the colony's request for regularization would be

taken only in the light of verification reports received from the DDA and the

concerned local bodies.

8. Counsels for the respondents No.1 and 2 submit that the layout

plan attached by the petitioners/Association with their application for

seeking regularization of the alleged unauthorized colony by the name of

Ganga Vihar Residents Welfare Association is a fake plan inasmuch as no

such colony was found in existence at the site. It is further stated that the

Deputy Director (LM) SEZ, DDA had written an internal letter dated

25.9.2009 to the Director (UC) Planning, DDA informing the aforesaid officer

that the revenue staff had visited the area in question and reported that

there was no colony existing at the site, whereas the plan for regularization

of the subject colony submitted by the RWA showed otherwise. It was

further stated in the said letter that presently the subject land is protected

by a stone boundary wall constructed around it by the DDA and sign boards

had been displayed thereon. Lastly, it was stated that a detailed report with

the recommendation that the colony did not qualify for regularization had

been forwarded to the Govt. of NCT of Delhi. Along with its affidavit, the

respondent No.3/DDA has placed on record the photographs of the area in

question which shows existence of a stone wall bounding the area, however,

there do not exist any built-up structures on the land in question.

9. It is pertinent to note that the petitioners/Association have not

rejoined to the affidavits filed by respondent No.3/DDA till date. As a result,

the averments made in the said affidavits are deemed to be true and

correct.

10. Having regard to the averments made in the aforesaid affidavit,

this Court is of the opinion that the present petition filed by the

petitioners/Association is a gross abuse of the process of the Court and is a

blatant attempt on the part of the petitioners/Association to grab

Government land under the garb of seeking regularization of an

unauthorized colony. The falsity of the present petition is borne out from

the prayer clause itself, wherein the petitioners have averred that the colony

in question known as Ganga Vihar Residents Welfare Association, is part of

the list of the approved colonies. The aforesaid submission is patently false

for the reason that the only document placed on record by the

petitioners/Association is a copy of the acknowledgment receipt dated

31.1.2005 issued by Govt. of NCT of Delhi, a perusal of which shows that the

Resident Welfare Association of Ganga Vihar had only submitted an

application for regularization of the unauthorized colony and Ganga Vihar is

not a part of the list of approved colonies. Further, no provisional

regularization certificate has been issued by respondent No.2/ Govt. of NCT

of Delhi in favour of the petitioners, and therefore, the question of placing

the same on record does not arise.

11. In these circumstances, the present petition is dismissed as

being devoid of merits and on account of concealment of material facts by

the petitioners, costs of `1,00,000/- is imposed on the petitioners. The

costs shall be paid by all the petitioners proportionately and deposited with

respondent No.3/DDA within four weeks. In case the petitioners fail to

deposit the costs imposed, the same shall be treated as arrears of the land

revenue to be recovered from them, in accordance with law.

                                                      (HIMA KOHLI)
JANUARY    19, 2012                                      JUDGE
sk/rkb