Delhi High Court
Satbir @ Satyavir vs Govt Of Nct Of Delhi Through: ... on 22 August, 2014
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 22nd August, 2014
+ W.P.(C) 3241/2013
SATBIR @ SATYAVIR ..... Petitioner
Represented by: Mr.B.S.Mathur, Mr. Rajat
Mathur, Mr. Saransh Jain and
Mr. Kunal Aggarwal,
Advocates.
Versus
GOVT OF NCT OF DELHI REPRESENTED BY:
PRINCIPALSECRETARY (UD) ..... Respondent
Represented by: Ms.Zubeda Begum, Standing
Counsel and Ms.Sana Ansari,
Advocate for Respondent No.1.
Ms.Shobhna Takiar, Advocate for
Respondent No. 2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
W.P.(C) 3241/2013
1. Vide the present petition, the petitioner is seeking directions as
under:-
"1. Issue writ in the nature of mandamus or any
other writ or order or direction to the respondent to take
on record the land of the petitioner bearing Khasra Nos.
23/7 (0-4), 25/1 (4-8) and 25/2 (0-4), forms integral part
of the unauthorized colony "Gouri Shankar Enclave,
Prem Nagar-III, Nangloi, Delhi-41";
2. Issue writ in the nature of mandamus or any other
writ or order or direction to the respondent to take a
final decision with respect to regularization of the said
colony;
3. Issue writ in the nature of mandamus or any other
writ or order or direction restricting the respondent to
take any coercive action & maintain status quo in respect
of the land of the petitioner."
2. Mr.B.S.Mathur, learned counsel appearing on behalf of the
petitioner has drawn attention of this Court to the revised guidelines 2007
for regularization of unauthorized colonies in Delhi, wherein stated as
under:-
"1.2. However, the following types of colonies or
parts thereof would not be considered for regularization.
(c) Colonies were more than 50% plots are un-built on
the date of formal announcement of regularization
scheme. However, plots which have been built up in the
above mentioned colonies, even after 31.03.2002 and till
the date of formal announcement of regularization
scheme will be taken into consideration for deciding the
eligibility of the colony for regularization.
xxxxx xxxxx xxxxx
1.5. In all unauthorised colonies, whether on
private or public land, regularization will be done
subject to the preparation of existing layout plan.
However, the Resident's Society may voluntarily submit
proposals of improved layout plan for respective colony.
xxxxx xxxxx xxxxx
2.3. The cost of Government land shall be recovered
as under:-
(a) For undeveloped public land
In Group-I colonies:
Prevailing cost of acquisition of agricultural land
(Rs.575/- per s. M) + 10% penalty for plot size up to 100
sqm; 25% penalty for plot size from 100 to 250 sqm., and
50% penalty for plot size from 100 to 250 sqm. And 50%
penalty for plot size beyond 250 sqm.
In Group-II colonies:
Prevailing cost of acquisition of agricultural land minus
15% + 10% penalty for plot size from 100 to 250 sqm.
No penalty is to be levied for plot size up to 100 sqm.
In Group-III colonies:
Prevailing cost of acquisition of agricultural land minus
30% + 5% penalty for plot size from 100 to 250 sqm. and
10% penalty for plot size beyond 250 sqm. No penalty is
to be levied for plot size up to 100 sqm.
3. REGISTRATION OF RESIDENTS SOCIETY
3.1.The registration of Resident's Society in each
unauthorized colony to liaison with the concerned local
body/DDA/GNCTD in various matters would be a pre-
condition for considering the case for regularization."
3. Learned counsel for the petitioner submits that the Residents'
Welfare Association of petitioner's colony filed an application to this
effect in the year 2011. Accordingly, amended lay out plan was also filed
which is at page 155 of the petition. As per said plan, the yellow portion
is "Gouri Shankar Enclave, Prem Nagar-III, Nangloi, Delhi-41".
4. Mr. Mathur has also drawn attention of this Court to the order
dated 11.09.2007, annexure P-II at page No.102, whereby stated as
under:-
"In view of the policy decision to regularize certain
unauthorized colonies any land falling within the
boundaries of such colonies as per the survey which had
been carried out by the Divisional Commissioner,
whether built up or not will not be now taken over by the
Government."
5. Be that as it may, learned counsel submits that he wishes to
withdraw the instant petition with liberty to make a representation to the
respondent No.1 enabling it to take on record the land of the petitioners
bearing Khasra Nos. 23/7 (0-4), 25/1 (4-8) and 25/2 (0-4), Gouri Shankar
Enclave, Prem Nagar-III, Nangloi, Delhi-41.
6. Liberty granted as prayed for.
7. I direct the respondent No. 1 to take decision on the representation
to be made by the petitioner in accordance with policy and the law
enforceable within a period of two months from the date of receipt of
representation. Decision taken by respondent No.1 shall be
communicated to the petitioner within a week from the date of decision.
8. If the petitioner is still aggrieved with the decision to be taken by
the respondent No.1, the petitioner is at liberty to challenge the same
before the appropriate Forum.
9. In view of the above observations, the instant petition is allowed.
CM No. 6127/2013 (for stay)
With the disposal of the petition itself, the instant application has
become infructuous. The same is accordingly dismissed.
SURESH KAIT
(JUDGE)
AUGUST 22, 2014/sb
