Delhi High Court
Corruption Against Society Regd vs Gnct Of Delhi And Ors on 24 January, 2018
$~12
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12019/2016 & CM No.47421/2016
% Date of decision : 24th January, 2018
CORRUPTION AGAINST SOCIETY REGD ..... Petitioner
Through : Mr. Arun Kaushal and
Mr. V.K. Pandey, Advs.
versus
GNCT OF DELHI AND ORS ..... Respondents
Through : Mr. Gautam Narayan, ASC-
GNCTD/R-1 with Mr. R.A.
Iyer and Ms. Mahamaya
Chatterjee, Advs.
Mr. Dhanesh Relan, SC for R-
DDA with Ms. Gauri
Chaturvedi, Adv.
Mr. Arun Monga,
Mr. Suryajyoti Paul Singh, Ms.
Divya Sharma and
Ms. Marcellina Kalikotey,
Advs. for R-7
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This writ petition has been filed seeking the following prayers
from this court:
"a. Issue writ in the nature of mandamus directing thereby
the respondent no.8 & 9 to re-affix DDA sign board over the
DDA land bearing khasra Nos. 546/491/421 Min,
548/492/421 Min, 562/424 Min, 431 Min, 432 Min, 421 Min,
426 Min, 423 of Village Jasola, Tehsil Sarita Vihar, District
South-East, New Delhi, now known as Abdul Fazal Enclave
Part-II, Block G & H, New Delhi and the area which is
registered in the list of unauthorised colony at serial no.
1182.
b Issue a writ in the nature of mandamus directing
thereby respondent no 8 & 9 to remove the encroachment
from the above said DDA land of Village Jasola Tehsil Sarita
Vihar, District South-East, New Delhi, now known as Abul
Fazal Enclave, Part -II, Block G & H, New Delhi,
encroached by the members of respondent no. 7 i.e.
Allimuddin, Suristh Tiwari and Deepak Mansa Ramani.
c. Issue a writ in the nature of mandamus directing
thereby respondent no 1to 4 to hold an enquiry on the
complaint made to them by the petitioner against respondent
no.5 and proceed against him in accordance with law
d. Issue a writ in the nature of mandamus directing
thereby respondent no 1 and 2 to transfer the respondent no.5
from the present post to some other area till the enquiry on
the complaint of the petitioner is not completed by the
respondent no.1 to 4.
e. Issue a writ in the nature of mandamus directing
thereby respondent no 6 to conduct an enquiry on the
complaint dt. 14.10.2016 made by the petitioner against the
respondent no.6 and cancel the certificate issued to
respondent no. 7 if it is found in the enquiry that there is no
resident or occupant is residing in the area in question. (Copy
of which is annexed herewith as Annexure - P8)
f. Issue any other writ or pass an order and direction in
the nature of mandamus in favour of petitioner and against
the respondents in the facts and circumstances as mentioned
hereinabove in the interest of justice."
2. We have heard Mr. Arun Kaushal, learned counsel for the
petitioner; Mr. Gautam Narayan, learned ASC for the GNCTD; Mr.
Dhanesh Relan, learned SC for the DDA and Arun Monga, learned
counsel for the respondent no.7 who have carefully taken us through
the entire record of the case. Prayer 'a' in the writ petition is premised
on the averment, that the same is the land which has been acquired by
the DDA. The detailed disclosures with regard to the status of the
land as well as the litigation and orders passed therein has been placed
by Mr. Dhanesh Relan, learned counsel for the DDA drawing our
attention to the following averments in the status report on affidavit of
the DDA:
"5. I say that the Petitioner has claimed through the
captioned petition that the afore-detailed khasra no.s are
owned by the answering respondent. I say that the subject
land was acquired vide award no/ 21/92-93 and the physical
possession of Khasra no. 546/491/421 min, 548/492/421 min,
562/424 min, 431 min, 431 min, 421 min, 426 min and 423
min was handed over to th answering respondent by the land
acquisition collector on 19.01.2006. That the possession of
khasra no. 436 min (0-14), 546/491/421 min (0-06), 490/421
min (0-03), 548/492/421 min (0-05) and 52/424 min (0-04)
had been handed over to the answering respondent by the
Land Acquisition collector on 19.01.2006 on as is where in
basis due to built up. It is further submitted that the answering
respondent vide letter dated 25/11/2011 had approached the
Pr. Secy (U.D). GNTD to delete the name of the colony
namely Abul Fazal Enclave Block G and H part II from the
list of unauthorized colonies. The contents of the letter dated
25.11.2011 are not being repeated herein for the sake of
brevity but a copy of the same is annexed hereto as Annexure
A-2.
6. However, the afore-detailed khasra nos.a re subject
matter of various litigations under Section 24(2) of the New
Land Acquisition Act, 2013. The various litigations filed for
the afore-detailed khasra nos. are detailed as under and the
orders of the below detailed litigation are annexed as
Annexure A-3 :-
Particulars of the case Khasra nos. Status
1 DDA VS. Alimuddin Khasra Dismissed
SLP-17740/2015 No.553/491/421 on
From WPC 8122/2014 measuring 2 04.05.2017
bighas and 06
biswas
2 DDA vs. Raghubir Khasra No.431 Dismissed
Singh min measuring on
2 bighas and 5 31.08.2016
SLP-19208/2015 biswa granting 1
From WPC 8072/2014 year to the
answering
respondent
to acquire
the subject
land
3 DDA vs. Ishlamuddin Dismissed
on
SLP 19207/2015 29.11.2016
granting 1
From WPC 7875/2014 year to the
answering
respondent
to acquire
the subject
land.
4 Kartari Devi vs UOI & Khasra Nos. Acquisition
Ors. 426 m (2-12) declared to
and 432 m (5- have lapsed
WPC 4456/2015 10) vide order
dated
28.08.2017
5 Deepak Mansaramani Pending -
vs UOI & Ors. Order to
maintain
WPC 8825/2016 status quo
passed on
30.09.2016
6 Om Prakash Khanijo Pending -
vs UOI & Ors. Order to
maintain
WPC 8584/2015 status quo
passed on
08.11.2016
That as is apparent and evident the answering
respondent is bound by the afore-submitted orders and cannot
disturb the possession and nature of occupation of the subject
khasra nos. It is humbly submitted that the respondent herein
cannot restore the sign boards of the answering respondent
on the subject khasra nos. as the same would tantamount to
contempt of the afore-submitted orders as passed by the
Hon'ble Supreme Court as well as this court."
3. In view of the above position, the submission of the petitioner
that the land in question is acquired land is factually incorrect.
4. The other prayers made by the petitioner are premised on the
plea that there is no unauthorised colony in the name and style of Abul
Fazal Enclave and that the respondent nos. 7 and 8 have filed a false
claim regarding existence of such a colony. Based on this submission,
it is contended, that the GNCTD has given a false provisional
registration certificate to this colony as one of the unauthorised colony
slated for regularisation under the scheme for this purpose of the
GNCTD.
5. Alongwith the counter affidavit filed by the Govt. of NCT of
Delhi-respondent no.1, it has been stated that pursuant to
advertisements issued by the Government, applications were received
between the year 2007-08 from different Residents Welfare
Associations (RWAs) in the GNCTD for regularisation of existing
unauthorised colonies. Pursuant to these advertisements, the
respondent no.7 alongwith requisite documents applied for registration
of the Abul Fazal Enclave, Part II, Extension GH Block (No. 1182) for
regularisation in terms of the Regulations for Regularisation of
Unauthorised colonies dated 24th March, 2008. The provisional
registration certificate was issued to this colony as it fulfilled the
requirements in Clause 4 of the Regulation.
6. A complaint relating to genuineness of this colony was made by
one Sh. Rambir Singh Bidhuri, Ex.MLA. As a result, an inquiry was
initiated and by an order dated 27th December, 2011, the provisional
registration certificate issued to the colony was cancelled. The
respondent no.7 challenged the cancellation by way of W.P.(C)
1340/2012 wherein, by an order dated 24th April, 2014, this court
directed the respondent no.1 to grant an opportunity of hearing to the
respondent no.7 and to pass a reasoned order afresh.
7. The record placed by the respondent no.1 before us would show
that pursuant thereto, the Joint Secretary (Unauthorised Colony) and
Deputy Secretary (Unauthorised Colony) gave detailed hearing to the
petitioner, officers of the DDA, Revenue Department and Geo Spatial
Delhi Ltd. (GSDL). Only thereafter, by an order dated 2nd December,
2014, the authorities cancelled the order dated 27th December, 2011.
As a result, the registration of the colony in question was restored.
8. Mr. Gautam Narayan, learned ASC for the GNCTD submits
that the restoration has not been challenged by the petitioner.
9. In view of the above, this writ petition is completely
misconceived and without any legal or factual basis. The same is
dismissed.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
JANUARY 24, 2018/kr
