Anant Raj Ltd. v. Govt. Of NCT Of Delhi And ORS.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7108/2018 ANANT RAJ LTD.

..... Petitioner Through:

Mr. Sanjeev Puri, Sr.Adv. with Mr. H.S. Sharma, Adv.

versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr. Santosh Kr. Tripathi, ASC for R1 to R3 with Mr. Arvind Chopra, Tehsildar Saket with Mr. Dharmanand, Patwari, Bhati Village.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 11.07.2018 Present petition has been filed by the petitioner with the following prayers:

"In view of the above stated facts and circumstances, it is most respectfully, prayed that this Hon'ble Court may graciously be pleased to:- (a) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction for quashing the alleged Demarcation Notice Vide F-No. SDM (Saket) / Demarcation / Forest / 2017 / 6020-6021 dated 26.09.2017 issued by Sh. Ramchandra M. Shingare, SubDivisional Magistrate (Saket), Delhi the Respondent No.2 herein;

(b) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction for quashing the Notice vide F-No. SDM (Saket)

G.S./Forest/2018/1957 dated 19.05.2018 issued by Sh. Ramchandra M. Shingare, Sub-Divisional Magistrate (Saket), Delhi, the Respondent no.2 herein;

(c) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction declaring the alleged demarcation referred in the Notice Vide F-No. SDM (Saket) / G.S./Forest / 2018/1957 dated 19.05.2018 as null, void, unconstitutional and against the principals of natural justice and all common of Laws; (d) Issue a Writ of Mandamus or any other, appropriate Writ, Order or Direction directing the Respondents to initiate the process of demarcation of entire Village Bhati, Tehsil Saket, New Delhi following due process of law;

(e) Issue a Writ of Mandamus or any other, appropriate Writ, Order or Direction thereby directing the Respondents to do the consolidation of entire lands at Village Bhati, New Delhi after carrying out the proper demarcation of entire Village Bhati, New Delhi;

(f) Issue such other appropriate Writ, Order or direction that may be deemed to be just and equitable in the facts and circumstances of the case and in the interest of justice." Mr. Sanjeev Puri, learned Sr. Counsel appearing for the petitioner concede to the fact that the notice dated May 9, 2018 does not depict the khasra nos. in possession of the petitioner. He also concede to the fact that the present petition has been filed on apprehension. Mr. Santosh Kr. Tripathi, learned ASC appearing for respondent nos. 1 to 3 on instructions from Mr. Arvind Chopra, Tehsildar, Saket states that in terms of the directions issued by the National Green Tribunal, the Forest / Gaon Sabha / ridge land are being demarcated and upon demarcation if it is found that the Forest / Gaon Sabha / Ridge Land are being encroached upon,

notices shall be issued to the encroachers / occupiers seeking clarification in that regard.

In view of the submission made by Mr. Tripathi, Mr. Puri states, nothing further survives in the present petition and be disposed of a such. He also states, if the petitioner is aggrieved by any further order to be passed, the petitioner shall take appropriate steps in accordance with law. Noting the submission made by Mr. Puri, the petition stands disposed of as such. CM No. 27023/2018 (for stay) Dismissed as infructuous.

V. KAMESWAR RAO, J JULY 11, 2018/jg