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High Court of DelhiW.P.(C)/6679/2016

Virender Singh v. Govt Of NCT Of Delhi & ORS.

2016-08-01Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6679/2016 & C.M. No.27326/2016 VIRENDER SINGH ..... Petitioner Through Mr. V.P. Rana, Adv.

versus GOVT OF NCT OF DELHI & ORS.

..... Respondents Through Mr. Sumit K. Batra, Adv. for R-1 along with Jainendra Kumar, BDO.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 01.08.2016 The petitioner is aggrieved by the fact that insptie of directions having been issued on 12.07.2016 in W.P. (C) No.5887/2016 titled Virender Singh Vs. Govt. of NCT of Delhi and Others wherein the Revenue Assistant had been directed to decide the case of the petitioner pending under Section 85 of the Delhi Land Reforms Act (DLRA) within a period of four months, there has been no progress. Contention of the learned counsel for the petitioner is that since 12.07.2016, there has been illegal and unauthorized constructions raised at the site by the Gaon Sabha.

On advance notice, learned counsel for respondent No.1 has put an appearance. He has taken oral instructions from the BDO who is present and who submits that no construction is being carried out at the site except a boundary wall to protect the site in question. This submission of the BDO who is present in Court is taken on record.

This Court is of the view that the petitioner has come on apprehension and presumptions; these facts as are being brought to the notice of the Court should be brought to the notice of the Revenue Assistant and the petitioner is advised not to come rushing to the Court when admittedly on 12.07.2016, an outer limit of four months had been granted to the Revenue Assistant to complete the proceedings pending before him under Section 85 of the DLRA. This Court also notes that the alleged factum of unauthorized constructions could well be brought to the notice of the Revenue Assistant but this has not been done.

Petition is misconceived. Dismissed with costs of Rs.2,000/-. At this stage, counsel for the petitioner submits that he will move appropriate application for interim relief. Counsel appearing for respondents no. 1 submits that the same shall be considered in accordance with law.

Ordered accordingly.

INDERMEET KAUR, J AUGUST 01, 2016