Riteesh Mohan Bakshi & ANR. v. Govt Of NCT Of Delhi & ORS.

$~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15124/2024 RITEESH MOHAN BAKSHI & ANR.

.....Petitioners Through:

Mr. Tanmay Mehta, Mr. Karan Nagrath, Ms. Nupur Kumar, Ms. Rashmi Gogoi, Mr. Ambuj Tiwari, Ms. Niharika Tanwar and Mr.Arjun Nagrath, Advocates.

versus GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms.

Mehak Nakra, ASC with Ms.Gunjan Suyal and Ms. Anjali Pandey, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 25.10.2024 1.

This writ petition has been filed by the Petitioners with a limited relief of a direction to the Respondents to permit the Petitioners to re-construct the boundary wall in the North-West and North-East of property bearing Farm No. 1, Sooryapawan, comprised in agricultural land admeasuring 12 bighas 03 biswas, in Khasra Nos. 1520 min. (10-03), 1521 min. (1-00), 1526 min. (0-02), and 1527 min. (0-18), Village Asola, Tehsil Mehrauli, New Delhi. 2.

Issue notice.

3.

Ms. Mehak Nakra, learned ASC accepts notice on behalf of the Respondents.

W.P.(C) 15124/2024 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 04/11/2024 at 11:25:45

4.

Learned counsel for Respondents, on instructions, states that since the property in question falls within the alleged Reserved Forest Area, Respondents cannot permit construction of a permanent boundary wall but will have no objection if the Petitioners construct a temporary structure of tin and bamboo outside the fencing done by the concerned Authority. 5.

Mr. Tanmay Mehta, learned counsel for the Petitioners has no objection to this proposal, without prejudice to the rights and contentions of the Petitioners in a separate case which is pending before the Deputy Conservator of Forests.

6.

Accordingly, on the statement made on behalf of Respondents, this writ petition is allowed to the aforesaid extent permitting the Petitioners to construct a temporary structure (comprising of Tin/Bamboo/Fibre) outside the fencing made by the concerned Authority, with a caveat that no wall of brick and mortar will be constructed and no cementing work will be carried out. Needless to state that this exercise is without prejudice to the rights and contentions of respective parties raised before the Deputy Conservator of Forests, in a separate matter.

7.

Petition stands disposed of.

JYOTI SINGH, J OCTOBER 25, 2024 B.S. Rohella W.P.(C) 15124/2024 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 04/11/2024 at 11:25:45