Delhi High Court
Civilian Welfare Charitable ... vs Union Of India & Ors. on 30 November, 2021
$~129
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 30th November, 2021
+ W.P.(C) 13543/2021
CIVILIAN WELFARE CHARITABLE TRUST REGD THROUGH
ITS CHAIRMAN MOHD KAMRAN ..... Petitioner
Through: Mr. Sujit Kishore Bhattacharya,
Ms.Seema Sharma & Mr.Daood Ahmed,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Syed Husain Adil Taqvi,
Government Pleader with Mr Farman Ali and
Mr.Athar Raza Farooquei, Advocates for R-1.
Mr. Wajeeh Shafiq, Standing Counsel with
Ms.Ramsha Shan, Ms. Sabika Ahmed, Advocates
with Ms. Shaista Siddiqui, Law Officer (DWB) for
R-4.
Mr. Akhil Mittal, Standing Counsel (NDMC) with
Mr. Hardik Aggarwal, Advocate for R-8.
Mr. Ashim Vachher & Mr. Kunal Lakra,
Advocates for R-9.
Mr. Hashmat Nabi & Mr. Farah Naaz, Advocates
for R-10.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
CM APPL.42742/2021 (exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
Signature Not Verified
AMIT NARAYAN
BHARTHUAR
Location:
Signing Date:04.12.2021
12:06:52
W.P.(C) 13543/2021 & CM APPL.42743/2021 (Stay)
1. Present writ petition, styled as Public Interest Litigation, has been
preferred seeking the following reliefs:-
"A. Issue Direction to respondents to construct and develop a
senior secondary girls school with all the modern day
amenities on plot bearing no.2438-2443 Kamra Bangash,
Main Road, Tiraha Behram Khan, Darya Ganj Opposite
Khajoor Wali Masjid Delhi 110006.
B. Issue Directions to respondent no. 1 introduce norms and
standard of inclusive education of girl child within the ambit
of the RTE ACT.
C. Issue Directions to the respondents to take appropriate
action for removing illegal occupants/encroachers from plot
bearing no. 2438-2443 Kamra Bangash, Main Road, Tiraha
Behram Khan, Darya Ganj Opposite Khajoor Wali Masjid
Delhi 110006.
D. Issue directions to the respondents to take appropriate
action for removing tenants with immediate effect from plot
bearing no.2438-2443 Kamra Bangash, Main Road, Tiraha
Behram Khan, Darya Ganj Opposite Khajoor Wali Masjid
Delhi 110006.
E. Issue directions to the respondents to protect the land from
tenants/transfer of tenancy/encroachment/sale and purchase
with immediate effect from plot bearing no.2438-2443 Kamra
Bangash, Main Road, Tiraha Behram Khan, Darya Ganj
Opposite Khajoor Wali Masjid Delhi 110006.
F. Pass such further order as may be deemed fit and proper fit
and proper in the facts and circumstances of the present
case."
2. We have heard learned counsels appearing on behalf of the Petitioner
as well as Respondents No.4 and 8.
3. From the pleadings in the writ petition itself it is evident that both
Respondent No.4 as well as Respondent No.8 are claiming ownership rights
Signature Not Verified
AMIT NARAYAN
BHARTHUAR
Location:
Signing Date:04.12.2021
12:06:52
in the property in question, which is situated at Plot No.2438-2443, Kamra
Bangash, Main Road, Tiraha Behram Khan, Darya Ganj, Opposite Khajoor
Wali Masjid, Delhi-110006. Even the documents appended to the writ
petition evidence an ownership dispute between the aforesaid Respondents.
Annexure P-6 is a response to an RTI application dated 30.01.2020,
furnished by North Delhi Municipal Corporation on 18.02.2020, according
to which NDMC claims to be the owner of the property as per the record of
the Department of Land and Estate.
4. Compared and contrasted to Annexure P-6, is an affidavit filed by
Wakf Board in writ petition being W.P.(C) 13235/2018 (Annexure P/3 to the
Memo of this petition), wherein claim to ownership of the subject property
was asserted by the Wakf Board, which was Respondent No.3 in the writ
petition. Petitioner has also placed on record a copy of the judgment dated
13.09.2019 passed by this Court in the aforementioned writ petition,
(Annexure P/4), wherein, a statement was made on behalf of
GNCTD/Respondent No.2 therein that the plot in question belonged to the
Wakf Board/Respondent No.3 therein.
5. A plain reading of the writ petition and the annexures appended
thereto makes it obvious that the petitioner is clearly conscious of the fact
that there is a dispute with regard to ownership of the subject property and
has yet chosen to file the present petition. It is a settled law that disputed
questions of fact, more particularly, ownership disputes cannot be
adjudicated in a writ jurisdiction as the same would require evidence, both
oral and documentary. Till the dispute of ownership of the subject property
is not resolved, this Court cannot give a direction to the Respondents to
construct and develop a Senior Secondary Girls School, with all modern day
Signature Not Verified
AMIT NARAYAN
BHARTHUAR
Location:
Signing Date:04.12.2021
12:06:52
amenities over the plot in question, as sought for by the Petitioner, in the
present writ petition.
6. In view of the aforesaid, we do not see any reason to entertain this
writ petition. The same is accordingly dismissed with costs of Rs.10,000/- to
be paid by the Petitioner to the Delhi State Legal Services Authority, within
a period of six weeks from today. The aforesaid amount shall be utilized for
the programme 'Access to Justice'.
7. Pending application is also disposed of.
8. A copy of this order be sent to the Member Secretary, Delhi State
Legal Services Authority, Patiala House Courts, New Delhi- 110001.
CHIEF JUSTICE
JYOTI SINGH, J
NOVEMBER 30, 2021
ns
Signature Not Verified
AMIT NARAYAN
BHARTHUAR
Location:
Signing Date:04.12.2021
12:06:52
