Om Parkash vs Govt. Of Nct Of Delhi And Ors
2014 Latest Caselaw 3062 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                     Judgment delivered on: 11th July, 2014

+      W.P.(C) 4225/2014 & CM. No. 8481/2014

OM PARKASH                                           ..... Petitioner
                                    Represented by: Mr. V.P. Rana, Adv.

                           versus

GOVT. OF NCT OF DELHI AND ORS           ..... Respondents
                       Represented by: NEMO.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the present petition; petitioner is seeking direction against the respondents as under:

"(a) Pass a writ of prohibition and mandamus or any other writ, order or direction thereby directing the respondents not to raise any boundary wall around the land and not to take forcible possession of the land comprising in Khasra No. 39/6 (4-16) situated in the revenue estate of Village Budhanpur Majra, Delhi without following due process of law as provided under the Delhi Land Reforms Act, 1954 and till the decision of the pending case U/s 85 of Delhi Land Reforms Act, 1954 before the Revenue Assistant / respondent No.2."

2. Ld. Counsel appearing on behalf of the petitioner submits that petitioner made two representations, both dated 27.02.2014 to the Executive Engineer (Civil), Division-VIII, I & FC Department,

Government of NCT of Delhi, Sector-15, Rohini, Delhi-89, which have been received in the Office of the Executive Engineer on 28.02.2014 and 04.03.2014 respectively. However, till date, the representations made by the petitioner have not been decided.

3. Ld. Counsel appearing on behalf of the petitioner further submits that the Executive Engineer is acting on behalf of respondent no.2, BDO.

4. Keeping in view the facts and circumstances of the case, BDO, North-West District, Kanjhawala, Delhi is directed to decide the representations of the petitioner within four weeks from the receipt of this order and the same shall be communicated to the petitioner within one week from the date of the decision.

5. I hereby make it clear that till the decision is taken by the BDO, no coercive steps shall be taken against the land comprising in Khasra No. 39/6 (4-16), situated at village Budhanpur Majra, Delhi.

6. I further make it clear that status quo shall be maintained for two weeks after the communication of the order passed by the BDO.

7. In view of the above terms, instant petition is allowed.

8. A copy of this order be sent to the BDO, North-West District, Kanjhawala, Delhi for compliance.

SURESH KAIT, J JULY 11, 2014/jg