Delhi High Court
Adarsh Enclave Residents Welfare ... vs Government Of Nct Of Delhi on 29 February, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29.02.2024
+ W.P.(C) 3086/2024
ADARSH ENCLAVE
RESIDENTS WELFARE ASSOCIATION (REGD)
..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Sunil Chaudhary and Ms. Preeti
Shah, Advocates.
For the Respondent : Ms. Hetu Arora Sethi, ASC for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 12736/2024 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 3086/2024 & CM APPL. 12735/2024 (for interim
directions)
3. This is a writ petition under Article 226 of the Constitution of
India, 1950, inter alia, seeking the following reliefs:-
"a) issue a writ in the nature of prohibition, prohibiting the
respondent from taking any action / carry out demolition in
the properties of the residents of the petitioner situated in
khasra nos. 1383, 1384, 1385 and 1386, khata nos.
232/141, situated in the revenue estate of Village Aya
Nagar, New Delhi now known as Adarsh Enclave, Phase-
VI, Aya Nagar, New Delhi without following the due
process of law;
b) issue a writ in the nature of prohibition, prohibiting the
respondent from dispossessing the residents of the
Petitioner from their properties/ houses constructed in
khasra nos. 1383, 1384, 1385 and 1386, khata nos.
232/141, situated in the revenue estate of Village Aya
Nagar, New Delhi now known as Adarsh Enclave, Phase-
VI, Aya Nagar, New Delhi, without following the due
process of law;
c) issue a writ in the nature of mandamus or direction to
the respondent to grant personal hearings to the residents
of the petitioner before carrying out any demolition activity
further the respondent be directed to conduct proper
enquiry and supply the copy of the notice / proceedings /
order if any for demolition / vacation of the property to the
residents of the petitioner; "
4. Learned counsel appearing for the petitioner submits that though
there is no document on record to show the title as of now, however, the
members of the petitioner association, have been in possession of their
respective constructed portions from almost 12-15 years.
5. Learned counsel also invites attention of this Court to the
Electricity bills indicating the dates of energisation of the electric supply
of some of the members of the petitioner association, to indicate the
various dates from when the petitioners were in possession of that
particular parcels of land, on which they are stated to have made
constructions.
6. Learned counsel further submits that the petitioner association
falls within the khasra Nos. 1383, 1384, 1385 and 1386 and khata No.
232/141 situated in the revenue estate of Village Aya Nagar, New Delhi
now known as Adarsh Enclave, Phase-VI, Aya Nagar, New Delhi. He
submits that no prior notice for carrying out any demolition was ever
issued by the respondent - Forest Department and suddenly, without any
notices, the Forest Department had commenced carrying out demolitions
of some properties of some of the members of the petitioner association.
7. He further submits that even it would be assumed that the land
pertained to the Forest Department, though without admitting to the
same, the demolitions could not have been carried out without issuing a
basic show cause notice before such action is initiated.
8. He submits that the members of the petitioner association must be
protected. He further submits that apart from that, there is no report of
demarcation nor the petitioners were ever made participants to the
demarcation, if even carried out by the department. As such, without
demarcation, the Forest Department claiming/ re-claiming the portions
of the aforesaid khasra numbers on the basis that it belongs to the Forest
Department, would be violation of law.
9. Issue Notice.
10. Notice is accepted by Ms. Hetu Arora Sethi, learned ASC for
GNCTD.
11. Learned ASC vehemently refutes the submissions made by the
learned counsel for the petitioner. She submits that contrary to what has
been submitted, by way of the notices dated 16.02.2024 and 21.02.2024,
the notices have been issued to the members of the petitioner association
directing them to vacate the area so as to enable the respondent
Department to demolish the properties and re-claim the said khasra
numbers.
12. She submits that the said notice was issued in respect of khasra
Nos. 1978, 1979, 1980, 1981 and 1982 of Revenue Estate of Village
Aya Nagar alone. She submits that so far as the khasra numbers
petitioner has referred to in his petition, have not, as of now, been issued
notices.
13. She also submits that the said khasra numbers are not Forest
Lands, and as such, the Forest Department in any case is not re-claiming
the same or nor going to carry out any demolitions.
14. She also submits that there are no title documents showing the
rights of the petitioner in respect of the khasra numbers that they are
claiming to be a part of.
15. After considering the arguments of the learned counsel for the
parties, this Court is of the considered opinion that since the notice
pertains only to khasra Nos. 1978, 1979, 1980, 1981 and 1982 of
Revenue Estate of Village Aya Nagar read with the admission that so far
as khasra Nos. 1383, 1384, 1385 and 1386 and khata No. 232/141
situated in the revenue estate of Village Aya Nagar, New Delhi now
known as Adarsh Enclave, Phase-VI, Aya Nagar, New Delhi is
concerned, the said land does not belong to the Forest Department, it is
prima facie, apparent that the question of demolition does not arise.
16. In the considered opinion of this Court, the aforesaid statement
should be sufficient to protect the petitioners. However, in case there is
any other issue left, the petitioners are at liberty to take appropriate
remedies in accordance with law so as to protect their rights.
17. Petitioners are at liberty to approach the Deputy Conservator of
Forest with a suitable representation with the relevant documents in
their possession. The Deputy Conservator of Forest shall consider the
same in accordance with law and pass a reasoned order thereon within
six weeks of submissions of such representation, if any.
18. With the aforesaid directions, the present petition along with
pending application is disposed of.
19. Order Dasti under the signatures of Court Master.
TUSHAR RAO GEDELA, J
FEBRUARY 29, 2024
nd
