Corruption Against Society (Regd.) v. Lt. Governor Delhi & ORS

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2503/2017 & CM APPL.17075/2017, 40007/2017, 4624/2018, 18804/2018, 19721/2018, 50559/2018, 50784/2018, 165/2019, 12617/2019 CORRUPTION AGAINST SOCIETY (REGD.) ..... Petitioner Through:

Mr. Arun Kaushal, Adv.

versus LT. GOVERNOR DELHI & ORS ..... Respondents Through:

Mr. Anuj Aggarwal, ASC (GNCTD) for R-1, 3 to 6.

Mr. Arun Birbal, Adv. for DDA Mr. Ravinder Sethi, Sr. Adv. with Mr. Indu Shekhar, Advs. for R-8 Mr. R.S. Mishra & Mr. Anand Mishra, Advs. for the applicant Mr. Aagney Sail, Adv. for the applicant in CM APPL.31800-31801/2019

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 22.07.2019 1.

This writ petition has been preferred with the following prayers: "i.

Issue writ in the nature of mandamus whereby directing the respondent to reconstruct the demolished DDA boundary wall over khasra no.480, 481,482, 483, 484, 485, 486, & 487 total area measuring 60 bighas approximately of village Sahoorpur, Tehsil Saket, District South, New Delhi, and; ii.

issue writ in the nature of mandamus directing thereby the respondents to carry out the demarcation of acquired

property of khasra no. 480, 481,482, 483, 484, 485, 486, & 487 total area measuring 60 bighas approximately of village Sahoorpur, Tehsil Saket, district south, New Delhi and hand over the land which was declared as forest land to respondent no.3,and;

iii.

issue writ in the nature of mandamus directing thereby respondent no.3 to protect and to preserve tree and ensure that no trees be illegal cut by the local residents of village Sahoorpur, New Delhi.

iv.

Issue any other writ or pass an order and direction in the nature of mandamus in favour of petitioner and against the respondents in the facts and circumstances as mentioned hereinabove in the interest of justice."

2.

Much has been argued out by counsels for both the sides and it appears that there is an encroachment upon the forest land which is required to be removed. It is also argued that there is some private land also which is to be demarcated. It is also submitted by the counsels that over and above the khasra numbers mentioned in this civil writ petition, there are other lands also which are referred to in the order passed by this Court dated 22.09.2017, 11.09.2018, 18.03.2019 as well as in the order dated 03.12.2018 in civil miscellaneous application No.50559/2018. 3.

It appears that several factual aspects have been involved about the possession, ownership, demarcation and which khasra number is owned by the government and which are in the possession of private owners. All these aspects of the matter will be appreciated by the respondents and they shall decide these factual aspects of the matter and thereafter if there is any encroachment upon the government land or upon the forest area, the same shall be removed after giving an adequate opportunity of being heard

to the owner/occupier of the premises in accordance with law, rules and regulations and government policy applicable to the facts of the present case as early as possible and practicable.

4.

With the aforesaid observation, this writ petition along with pending applications hereby stand disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J JULY 22, 2019 ns