Mohammad Salam (Mutwali) v. Sdm Daryaganj And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2799/2017 MOHAMMAD SALAM (MUTWALI) ..... Petitioner Through:

Mr. Mohammad Sajid with Mr. Miyeeb Qmar Fazili, Advocates.

versus SDM DARYAGANJ AND ORS ..... Respondents Through:

Ms. Jyoti Taneja, Advocate for R-1.

Mr. Ajay Digpaul, CGSC with Mr. Soumava Karmakar, Advocates for UOI/R-2.

Mr. Raghunath, Mr.Paritosh Anil and Ms. Arshiya Ghose, Advocates for DDA/R-3.

Ms. Swati V and Mr. Hashmat Nabi, Advocate for R-4.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.12.2018 Counsel for the petitioner submits that the petitioner is a senior citizen and has been a caretaker of the Dargah, namely, Hazi Baba Abdullah, Matasundari Road, New Delhi bearig Khasra No. 173 to 182 and there are encroachers who are encroaching upon the dargah land bearing Khasra no.175 to 185 and 45 situated at village Inderpath, Chausath Khamba Meerdard Road, New Delhi. Delhi Wakf Board intends to demarcate the said land.

Counsel for the petitioner submits that for the better management and for the purposes to have the knowledge of the boundary, the petitioner

requires demarcation.

Counsel for respondent No.2/L&DO has got no objection for the demarcation.

Counsel for the respondent No.1/Government of Delhi SDM stresses on the procedure and submits that they have got no objection if the petitioner approaches for the demarcation as per the Delhi Land Revenue Rules, 1962. Counsel for the respondent No.4/ Delhi Wakf Board submits that the land belongs to the Delhi Wakf Board and the Delhi Wakf Board intends to demarcate the said land.

Looking into the above facts and circumstances, the petitioner through respondent No.4 may approach for the demarcation before the concerned SDM by complying all the provisions of Delhi Land Revenue Rules, 1962. The present writ petition is disposed of in the above terms. Copy of order be given dasti to the counsel for the parties. I.S.MEHTA, J DECEMBER 13, 2018 Pallavi/nd