High Court of DelhiW.P.(C)/6692/2016

Mustaquim v. Conservator Of Forest And ANR

2016-09-01Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6692/2016 MUSTAQUIM ..... Petitioner Through Mr. J.L. Singh, Adv.

versus CONSERVATOR OF FOREST AND ANR ..... Respondents Through Mr. Rajat Malhotra and Mr. Jitender Kuamar, Advs. for R-1.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 01.09.2016 During the course of arguments, learned counsel for respondent No. 1 submits that the sanctuary (located in khasra No. 488, village Sahoorpur) is bounded on all sides by a boundary wall and this boundary wall is in fact intact. He seeks to place a reliance on inspection report dated 05.08.2016 to substantiate this submission. This report has been perused. This report does not state that there are boundary walls around the sanctuary. Further submission of the respondent on this count is that this report records that after the site inspection, it came to the notice of the inspecting body that the land in question is situated outside the sanctuary wall. Learned counsel for the petitioner under instructions from his clients states that the height of the boundary wall is not more than two feet. This is disputed by the learned counsel for the respondent. On this score, the contention of the petitioner (as appears from the writ

petition is that he has a land beyond the sanctuary i.e. in khasra No. 1097, village Satbari) is that there is a free access of animals from the sanctuary (located in khasra No. 489, Sahroorpur) and since the height of the boundary wall is very low, the animals cross over the boundary of the petitioner which causes great hardship to the petitioner.

Be that as it may, learned counsel for respondent No. 1 undertakes and ensures that in case the boundary wall is not intact (as has been argued by the petitioner); he will ensure that the same is intact; a proposal of increasing the boundary wall up to a height of 8 feet shall be considered and implemented.

Nothing else pressed for in the writ petition. Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J SEPTEMBER 01, 2016