Court On Its Own Motion vs Delhi Development Authority & ...
2013 Latest Caselaw 2420 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI
DB-1

+                       W.P. (CIVIL) No. 7057 of 2005


       COURT ON ITS OWN MOTION                       ..... Petitioner
                     Through: Mr. A.S. Chandhiok, Senior Advocate as
                     Amicus Curiae with Mr. Bhagat Singh, Mr. Vidit
                     Gupta and Ms. Harkeen Singh, Advocates.


                                versus


       DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents
                    Through: Mr. Ajay Verma, Advocate for DDA.
                    Ms. Sujata Kashyap, Advocate with GNCTD.
                    (Home Department) along with Mr. Arvind Ray,
                    Principal Secretary (Home), Mr. G.P. Singh, Addl.
                    Secretary (Home).
                    Mr. Sanjay Poddar, Senior Advocate with
                    Mr. Sanjay Kumar Pathak, Ms. K.K.K. Pathak,
                    Advocates with Mr. S.S. Parihar, LAC (NW), Mr.
                    Manoj K. Dwivedi, LAC (South), Mr. Daya Ram,
                    Deputy L.A. (L&B) and Mr. Satish K. Sharma,
                    ASC (L&B), GNCTD.

       CORAM:
       HON'BLE DR. JUSTICE S. MURALIDHAR
       HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

                                  ORDER

%                                 22.05.2013
Religious Structures

1. An affidavit dated 21st May 2013 has been filed by Mr. G.P. Singh,

Additional Secretary (Home), Home Department, Government of National

Capital Territory of Delhi ('GNCTD'). It is stated that the Religious

Committee of the GNCTD had convened meetings on 25th, 26th, 29th April

and 1st May 2013 for complying with the directions issued by the Court in its

order dated 17th April 2013. The Religious Committee considered 75 cases

forwarded by the Delhi Development Authority ('DDA') on the basis of the

site plans and photographs forwarded by the land owning agencies and

inputs given by the Special Branch, Delhi Police as well as the local police

under whose jurisdiction the said unauthorized religious structures exist.

During these meetings, Officers of the DDA and Land Acquisition Collector

('LAC'), Special Branch (Delhi Police) and the concerned ranges of Delhi

Police were present.

2. The Religious Committee found that out of the 75 cases forwarded by the

DDA, one case concerning the domed structure at Ladha Sarai was wrongly

included and on DDA's request the said structure was withdrawn from the

list of 75 cases. Of the remaining 74 cases, the Religious Committee has

identified 34 cases of unauthorised religious structures regarding which the

Special Branch, Delhi Police has reported that demolition, if carried out,

may be resisted by the local people supported by the religious and political

persons of that particular area. It was decided that DDA may initiate

discussion with the persons who may be opposing the removal of such

unauthorized religious structures and inform them that the religious

structures are located on public land and that they are illegal occupants. The

Religious Committee has stated that "these illegal occupants may also be

told in categorical terms that these unauthorized structures are bound to be

removed at every cost and therefore they may vacate the site on their own

and look for some alternate space. DDA may also involve Local Police in

carrying out the negotiation." Further it has been suggested that land owing

agencies may also explore the possibility of issuing legal notices to the

illegal occupants for vacating the land under their illegal possession.

3. As regards the remaining 40 structures, the Religious Committee has

categorically recommended that they should be demolished. The entire list

of 74 cases has been set out in the affidavit.

4. In response to a specific query from the Court, Mr. Arvind Ray, Principal

Secretary (Home), GNCTD informed the Court that the above report of the

Religious Committee had the approval of the Lt. Governor of Delhi, who

heads the Committee.

5. In para 12 of the order dated 17th April 2013 the Religious Committee had

been asked to call for reports from the Station House Officers ('SHOs') of

the concerned police stations within whose jurisdiction the lands belonging

to DDA are located, to inform the Religious Committee as to how many

unauthorized religious structures exist on such lands and since when. It has

been stated in the affidavit that report has been received only from the

Additional Commissioner of Police (North-East District) whereas

information from the Delhi Police in respect of the District South, District

South East and Outer District is yet awaited.

6. This Court has heard the submissions of Mr. A.S. Chandhiok, learned

Senior counsel appearing as Amicus Curiae, Mr. Sanjay Poddar, learned

Senior counsel for the LAC, Ms. Sujata Kashyap, learned counsel for the

GNCTD, and Mr. Ajay Verma, learned counsel for the DDA. Mr.

Chandhiok suggested that a meeting should be convened of all the different

agencies/departments so that concerted action on the basis of the findings

and recommendations of the Religious Committee can be taken in a time

bound manner.

7. The Court to begin with notes that the issue as to removal of unauthorized

religious structures all over the country has been engaging the attention of

the Supreme Court in Union of India v. State of Gujarat [SLP (C) No. 8519

of 2006 and W.P. (C) No. 314 of 2010]. In an order dated 13th September

2011 (reported in 2011 (12) SCALE 237) the GNCTD informed the

Supreme Court that it had decided to remove/shift 13 unauthorized religious

structures. In a subsequent hearing on 18th October 2011 the Supreme Court

expressed concern about the states not adhering to the time schedules for

filing their affidavits on the action taken by them. Considering that the

Religious Committee has now confirmed that there are, on DDA's lands

alone, at least 74 unauthorized religious structures, out of which 40 have

been recommended for immediate removal, the issue assumes urgency. The

Court would like to ensure that the mandate of the Supreme Court is carried

forth, and that all state agencies work in coordination to implement the

directions of the Supreme Court and this Court.

8. It is accordingly directed as under:

(i) The Chief Secretary, GNCTD shall convene, within two weeks, a

meeting of the Joint Secretary (Union Territory) [looking into the

issue concerning the NCT of Delhi] in the Ministry of Home Affairs,

Government of India, the Principal Secretary (Revenue), GNCTD, the

Vice Chairman ('VC'), DDA, the Commissioner of Police, Delhi and

the Special Secretary, Home Department, GNCTD to (a) draw up a

time-bound action plan for the removal of the 40 unauthorized

religious structures and (b) finalise the modalities for negotiations

regard to the 34 other unauthorized religious structures as

recommended by the Religious Committee. If necessary successive

meetings be held within a week to finalize the action plan and

modalities. It is made clear that the modalities must be worked out

with a view to ensuring the phased removal of the said 34

unauthorized religious structures and ensuring that the land occupied

by them is ultimately handed over to the DDA.

(ii) The removal of unauthorized religious structures from 40

locations on DDA lands as recommended by the Religious

Committee, and the handing over to DDA of such lands should be

completed by the next date of hearing, i.e., 22nd August 2013. A

compliance report will be placed before the Court by the Chief

Secretary, GNCTD by the next date.

(iii) The modalities as regards negotiations concerning the 34 other

unauthorized religious structures will also be placed on record by

affidavit by the Principal Secretary (Revenue), GNCTD by the next

date of hearing.

(iv) A copy of the affidavit dated 21st May 2013 of the Additional

Secretary (Home), GNCTD with its annexures and the copies of the

orders passed by this Court dated 8th April 2013, 17th April 2013 and

today's order will be placed by the Principal Secretary (Home),

GNCTD immediately before the Chief Minister of Delhi for ensuring

the proper coordination of all agencies. The Court reiterates that there

must be full cooperation of all agencies to ensure the strict compliance

of its orders.

(v). The Additional Commissioners of Police, District South, Outer

District, and South East will, within two weeks from today, place

before the Religious Committee the information concerning the

unauthorized religious structures in their areas in compliance with the

order dated 17th April 2013 passed by the Court. The Principal

Secretary (Home) will immediately write to the said officers enclosing

a copy of the order dated 17th April 2013 as well as today's order.

Vacant lands of the DDA

9. As regards the vacant land of the DDA, affidavits have been filed on 16th

April 2013 by the LAC (South East), LAC (North West), LAC (East), LAC

(North East), LAC (North) and LAC (South).

10. The affidavit dated 22nd May 2013 of Mr. S.K. Jain, Director (Land

Management), DDA has been filed today in Court. As far as joint surveys of

the vacant lands of the DDA are concerned, it is stated that a formal Office

Memorandum dated 6th May 2013 was issued by the DDA constituting 12

survey teams of the DDA who will work in coordination with the concerned

LACs. Instructions have also been issued regarding fencing, protection of

land, and police assistance in compliance with the directions of the Court.

With the affidavit of DDA the details, village-wise, of vacant lands are

enclosed.

11. It appears that since the previous date of hearing, i.e., 17th April 2013,

DDA has been able to take possession of only 37 bighas 11 biswas, i.e., 7.82

acres of vacant land with the joint efforts of the various authorities. The

above progress in taking over possession of vacant land is highly inadequate.

A perusal of the chart shows that in many instances land which was thought

to be vacant was found to be heavily built up and in certain cases vacant land

could not be located because the fixed/permanent points were not found. It is

stated that in those cases the Total Station Method ('TSM') is required to be

deployed. The Court finds that there are certain instances where the surveys

could not take place on account of the absence of the Halka Patwari and

Field Kanongo. The officials of the DDA and the concerned LACs should

redouble their efforts as far as the joint surveys are concerned.

12. The Court directs to the LACs concerned and the DDA to complete their

joint surveys as regards the South district and hand over the vacant lands to

the DDA by the next date of hearing. A compliance report will be jointly

filed by the next date of hearing by the DDA and the LACs, enclosing

therewith photographs and reports in terms of the previous directions issued

by the Court.

De-notification of lands

13. An affidavit has been filed by the L&B Department on 17th May 2013 on

the question of the work of the De-notification Committee. It is stated that

out of the list of 127 cases, 49 cases were considered. Out of 49 cases

considered, 37 cases have been recommended for rejection and a final

decision has to be taken by the LG. As regards the remaining 12 cases, the

concerned LACs have been requested to provide certain information which

is awaited. An updated status report in the form of an affidavit be filed by

the L&B Department by the next date.

Dissemination of information regarding the DDA's lands

14. The Court directs that the information regarding DDA's lands with

Khasra numbers and the names of the unauthorized colonies, if any, that

may have come up thereon, should be provided by the DDA to the L&B

Department which will in turn ensure that it is passed on to each of the Sub

Registrars in the NCT of Delhi. The information in electronic, searchable

format, should be available in the computer systems in the offices of each

Sub Registrar so that any document that is presented for registration,

concerning any part of DDA's land will be dealt with appropriately. The

Secretary (L& B Department), GNCTD as well as the DDA will ensure that

the above steps are completed before the next date of hearing. A compliance

report will also be jointly filed by them by the next date.

15. List on 22nd August 2013.

16. A copy of this order be given dasti under the signature of the Court

Master.

S. MURALIDHAR, J.

RAJIV SAHAI ENDLAW, J.

MAY 22, 2013 Rk