Dr (Mrs) Pushp Lata Jain v. Delhi Development Authority Through Its Vice-Chairman & ORS.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10699/2023, CM APPL. 41468/2023 & CM APPL. 41469/2023 DR (MRS) PUSHP LATA JAIN ..... Petitioner Through:

Mr. Abhay Dixit, Advocate.

versus DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICECHAIRMAN & ORS. ..... Respondents Through:

Ms.

Shobhana Takiar, Standing Counsel for DDA with Mr. Kuljeet Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 13.02.2024 (The proceeding has been conducted through Hybrid Mode) 1.

The present writ petition has been filed under Article 226 of the Constitution of India, 1950, inter alia, seeking the following reliefs :- "(a) Issue an writ of Mandamus or any appropriate Writ or any other appropriate order(s)/direction(s) in favour of Petitioner and against Respondents no. 1 to 2 for deleting the entry of forest in Khatauni of Village Zindpur, North District, Delhi captioned as the alleged A.D.M (R) order no, SCO(BY/31/82- 83 dated 15.2.84 with respect to subject land admeasuring 38 bighas 04 biswas comprised in Khasra Nos. 30/17(4-16), 37/2(4-16), 37/8(4-16), 37/9(4-12), 37/10(1-16), 37/12(4-16) and 37/19(4-16) at village Zindpur, North District, Delhi;

(b) Issue an appropriate Writ or any other appropriate order(s)/direction(s) in favour of Petitioner and against the respondents no. 1 to 2, thereby restraining them, their heir agents, representatives etc. from dispossessing the Petitioner from the nonacquired part of the subject land from the unacquired part of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:10:19

subject land admeasuring 20 bighas 2 biswas comprised in Khasra nos. 30/17(4-16), 37/2(4-06), 37/8(4-16), 37/9(4-12) and 37/10(112) at village Zindpur, North District, Delhi; (c) Issue an appropriate Writ or any other appropriate order(s)/direction(s) thereby directing the Delhi Development Authority and Forest Department to record the name of Petitioner in the land/revenue record for the un-acquired part of the subject land admeasuring 20 bighas 2 biswas comprised in Khasra nos. 30/17(4-16), 37/2(4-06), 37/8(4-16), 37/9(4-12) and 37/10(1-12) at village Zindpur, North District, Delhi;"

2.

Learned counsel appearing for the petitioner seeks permission to withdraw the present petition with liberty to file an appropriate proceeding before the Civil Court of competent jurisdiction regarding the prayers raised in the present petition, without prejudice to his rights and contentions.

3.

In view of the aforesaid submissions, the present petition along with pending applications is dismissed as withdrawn with liberty so sought, granted.

4.

The rights and contentions of the parties are kept reserved. 5.

The Civil Court may also consider the time spent by the petitioner in other proceedings including the present one for consideration of limitation.

TUSHAR RAO GEDELA, J FEBRUARY 13, 2024/nd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:10:19