Radha Soami Satsang Beas And Anr. vs Govt Of Nct Of Delhi And Ors
2018 Latest Caselaw 3529 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 6579/2018
      RADHA SOAMI SATSANG BEAS & ANR.               .....Petitioners
                 Through: Mr. Sanjeev Puri, Senior Adv., with Mr.
                          Pramod Kumar Ahuja and Mr. H.S. Sharma,
                          Advocates.

                         Versus

      GOVT OF NCT OF DELHI & ORS                .....Respondents
               Through: Mr.Naushad Khan, Advocate for GNCTD.

CORAM:
   HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
   HON'BLE MR. JUSTICE C. HARI SHANKAR

1.    The present writ petition has been filed under Article 226 of the
      Constitution of India for issuance of a writ/order and/or direction in
      the nature of mandamus, certiorari or any other appropriate writ or
      direction for quashing of order dated 28.11.2017, demarcation notice
      dated   28.11.2017,    notice/notification   dated   19.02.2018    and
      01.03.2018, notice/notification dated 03.05.2018, all issued by
      respondent No. 2 and for issuance of a writ/order and/or direction in
      the nature of certiorari or any other appropriate writ for quashing the
      map and report prepared by M/s. Dhyani Consultants Inc., demolition
      report dated 17.03.2018 of respondent No. 2 declaring the demolition
      carried by respondents on 14.03.2018 as null and void besides issuing
      writ of mandamus directing the respondents to initiate the process of
      demarcation of Village Asola, New Delhi as per law and to carry out
     consolidation of the entire land of Village Asola, Tehsil Saket, New
     Delhi.
2.   Aggrieved by the action carried out by respondent No. 2, learned
     Senior Counsel appearing for the petitioners submits that the
     petitioner No. 1 is a legal and absolute owner and in possession of the
     land measuring 12 Bighas 03 Biswas comprised in Khasra Nos. as
     detailed in Para 9 (e) of the writ petition. He further submits that the
     respondent No. 2 carried out illegal demarcation and demolition of the
     property of the petitioner No. 1 without serving a notice and also
     violated the stay order dated 23.09.2017 granted by the Senior Civil
     Judge, Saket, New Delhi.
3.   Learned counsel appearing for the respondent No. 2 submits that it is
     impossible for them to issue notices to each person individually and
     therefore common public notices have been issued. Notice dated
     19.02.2018 was issued by the office of Sub-Divisional Magistrate
     (Saket), Govt. of NCT of Delhi, M. B. Road, New Delhi with respect
     to Khasra No. 1517 (17-19), 1528 (8-0), 1752 (103-8), 1750 (170-0),
     1573 (1-0), 1748 (28-16), 1736 (11-01) 1735 (0-19), 1746 (36-0),
     1744 (25-11), 1728 (131-0), 1354 (25-10), 1348 (11-13), 1435 (43-
     05), 1437 (40-17), 1632 (3-11), 1082 (0-11), 1593 (28-5), 654 (8-0),
     1552 (23-10), 1479 (3-14), 1547 (5-4), 1576 (19-12), 1740 (5-7), 1742
     (4-0), 447 (4-16), 1334 (13-4), 1498 (29-10), 1749 (6-5), 1500 (37-
     19), 1506 (17-14), 1495 of Village Asola Tehsil Saket followed by
      another notice dated 01.03.2018 with respect to Khasra Nos. 1517(17-
     19), 1528(8-0), 1752(103-8), 1750(170-0), 1573(1-0), 1748(28-16),
     1736(11-01), 1735(0-19), 1746(36-0), 1744(25-11), 1728(131-0),
     1354(25-10), 1348(11-13), 1435(43-05), 1437(40-17), 1632(3-11),
     1082(0-11), 1593(28-5), 654(8-0), 1552(23-10), 1479(3-14), 1547(5-
     4), 1576(19-12), 1740(5-7), 1742(4-0), 447(4-16), 1334(13-4),
     1498(29-10) 1749(6-5), 1500(31-19), 1506(17-14), 1495, 1643(32-
     15), 1667(38-1), 1668(28-15), 1661(0-15), 1332(58-7), 1601(0-8),
     1521(14-9), 1523(32-14), 1590(0-7), 1586(1-12), 1582(1-9), 1510(15-
     17), 1490(2-8), 1724(59-06), 1738(0-14), and further notice dated
     03.05.2018 with respect to Khasra Nos. 46(1-0), 447(4-16), 1082(0-
     11), 1437(40-17), 1435(43-05), 1632(3-11), 1513(08-06), 1517(17-
     19) and 1510(15-17) whereby all the encroachers were directed to
     remove all kinds of encroachments from aforesaid khasra numbers.

4.   Learned Senior Counsel appearing for the petitioner No. 1 submits
     that none of the khasra no. mentioned in the aforesaid notices are
     within the occupation of the petitioner No. 1 and Khasra Nos. in the
     possession of the petitioner No. 1 have been detailed in para 9 (e) of
     the writ petition.
5.   It is pertinent to notice that in the notice dated 19.02.2018, it is
     mentioned that "And whereas, the Supreme Court Monitoring
     Committee had visited District South in particular village Asola on
     19/02/2018.    The Committee had made certain observations after
       seeing the unahthorized/illegal construction on the Govt./Forest/Gaon
      Sabha land and had directed the District Task Force (district South)
      to take legal course of action to remove the same and submit action
      taken report within a week in this regard."
6.    Supreme Court Monitoring Committee has not been made a party to
      the present writ petition. Learned Senior Counsel for the petitioner
      No. 1 seeks time to move an appropriate application to implead the
      Supreme Court Monitoring Committee as respondent to the present
      writ petition. He further submits that there is a threat of demolition on
      the property of the petitioner No. 1.
7.    Learned counsel for the respondent No. 2 submits that he will request
      the concerned officers to hold their hands till 13.06.2018.
8.    List on 13.06.2018.
9.    No coercive steps shall be taken by the respondents till the next date
      of hearing.
10.   Dasti under the signatures of the Court Master.




                                       SANGITA DHINGRA SEHGAL, J.

C. HARI SHANKAR, J. JUNE 11, 2018 gr