Bankner Residential Welfare ... vs Govt Of Nct Of Delhi & Ors
2020 Latest Caselaw 3396 Del

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                                *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                %                                        Date of Decision:14th December, 2020

                                       REVIEW PETITION NO. 168/2020 in
                                +      W.P.(C) 2397/2018
                                       BANKNER RESIDENTIAL WELFARE ASSOCIATION (R)
                                                                                   ..... Petitioner
                                                   Through: Mr. Ved Pal Rana, Adv.
                                                           versus

                                       GOVT OF NCT OF DELHI & ORS              ..... Respondents
                                                    Through: Mr. Zahid Hanief, Adv. for
                                                    Mr.Naushad Ahmed Khan, ASC for GNCTD

                                       CORAM:
                                       HON'BLE THE CHIEF JUSTICE
                                       HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                                     JUDGMENT

: D. N. PATEL, Chief Justice (Oral) Proceedings in the matter have been conducted through video conferencing.

CM APPL.27340/2020 (exemptions) Allowed, subject to all just exceptions. The application is disposed of.

REV. PET. 168/2020 (seeking review of judgment dated 14.08.2019) & CM APPL.27339/2020 (Stay) in W.P.(C) 2397/2018

1. This review petition has been preferred for review of our order dated

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:05.01.2021 15:51 14th August, 2019 passed in W.P.(C) 2397/2018.

2. We have heard the learned counsel for both the sides. Looking to the facts and circumstances of the case, it appears that this Court has already disposed of W.P.(C) 2397/2018, which was a public interest litigation praying for removal of the encroachment from the water body. We observed in paras 3 and 4 of the order dated 14th August, 2019 in the aforesaid writ petition as under:

"3. It appears from the facts of the present case that there is encroachment at land situated at Khasra No.37/29 of Village Bankner, Delhi which is basically a water body. This encroachment had to be removed by the respondents. Thus, an amount of Rs.45.85 lakhs has been given by respondent No.1 to the respondent No.3 through Delhi State Industrial and Infrastructure Development Corporation Ltd. (DSIIDC). Despite the aforesaid amount having been transferred, the encroachment has not been removed.

4. In view of these submissions, we hereby direct the respondent No.1 to remove the encroachment with the help of other respondents from Khasra No.37/29 at Village Bankner, Delhi which is approximately admeasuring 14 Bighas and 04 Biswas. The encroachment will be removed in accordance with law, rules, regulations and Government policy applicable to the facts of the present case and after giving adequate opportunity of being heard to the concerned parties/encroachers. This exercise will be completed as early as possible and practicable."

(emphasis supplied)

3. In view of the aforesaid observations, it is clear that the concerned

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:05.01.2021 15:51 respondent authorities after giving adequate opportunity of being heard to all the parties concerned, including the applicant of this Review Petition No. 168/2020, shall decide whether there is any encroachment or not in accordance with law, rules, regulations and Government policies applicable to the facts of the case and also on the basis of the evidences given by the parties including the original petitioner and including this applicant in civil review petition.

4. We also make it clear that the concerned respondent authorities shall decide the aforesaid issue of encroachment independently and without being influenced by the order in this review petition as expeditiously as possible and practicable.

5. With this observation this review petition is disposed of. Pending application also stands disposed of.

CHIEF JUSTICE

C. HARI SHANKAR, J DECEMBER 14, 2020/ns

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:05.01.2021 15:51