Qamruddin & ORS v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 745/2016 & CM Nos.3233/2016 & 3234/2016 QAMRUDDIN & ORS ..... Petitioners Through :

Ms. Jyoti Singh, Sr. Adv. with Mr. T.

N. Saxena, Mr. H. C. Kharbanda and Ms. Tinu Bajma, Advs.

versus UNION OF INDIA & ORS ..... Respondents Through :

Mr. Rajesh Kumar and Mr. Santwana, Advs. for R-1.

Mr. Satyakam, ASC, GNCTD with Mr. Nikhil Bhardwaj, Adv. for R-2, 3 & 4.

SI Pankaj Gulliya PS Jamia Nagar in person.

Dr. Amit George and Mr. Swaroop George, Advs. for R-5.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.03.2016 By this writ petition under Article 226 of the Constitution of India, petitioners have prayed that the respondents be directed not to disturb the peaceful enjoyment of their property, in pursuance of execution of eviction order dated 29th March, 2006 passed under THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS ) ACT, 1971. Learned counsel for the respondent no.5 has appeared on service of advance notice. He submits that 24 Bighas 11 Biswas of land forming part of Khasra No.68 in

Village Okhla, New Delhi belongs to the respondent no.1. He further submits that the eviction order has already been passed by the Estate Officer in respect of the said land. Writ petition as well as special leave petition against the eviction order have already been dismissed. Eviction order passed by the Estate Officer has attained finality. It is further submitted that demarcation of the subject land was done during the proceedings before the Estate Officer, inasmuch as, the same has already been noted in para 6 of the writ petition bearing W.P. (C) No.4929/2007 decided on 22nd January, 2010. It is further submitted that eviction orders are being executed in respect of 24 Bighas 11 Biswas of land forming part of Khasra No.68 in Village Okhla, New Delhi in terms of the demarcation report. In these facts, in my view, petitioners cannot object to the execution of the eviction order in terms of the demarcation report.

Writ petition is disposed of.

Miscellaneous applications are disposed of as infructuous. A.K. PATHAK, J.

MARCH 08, 2016/dk