Vinod Kumar v. The Chief Secretary (Govt. Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9195/2017 & CM No.37619/2017 VINOD KUMAR ..... Petitioner Through:

Mr Mahavir Singh and Mr Rajkamal, Advocates.

versus THE CHIEF SECRETARY (GOVT. OF NCT OF DELHI) & ORS ..... Respondents Through:

Mr Anuj Aggarwal, ASC, GNCTD with Ms Deboshree Mukherjee, Advocate for R-1, 2, 3, 4 & 5.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.10.2017 1.

Issue notice. The learned counsel for the respondents accepts notice. 2.

The petitioner has filed the present petition, inter alia, alleging that respondent no.6 is trying to construct the boundary wall over the Government/Public/Gram Sabha Land located in Khasra no. 860/1(2-18) situated within the revenue estate of Village Mandi New Delhi-110047. The petitioner prays that respondent no.6 be restrained from carrying out any of the construction on public land. The learned counsel for the petitioner also points out that the petitioner has made representations to respondent nos. 1 to 5 pointing out the alleged encroachment but has not received any response from them.

3.

This Court considers it apposite to dispose of the present petition and

the application by directing respondent nos. 1 to 5 to consider the petitioner's representation. Respondent no.1 shall ensure that an enquiry is conducted into the allegations made by the petitioner as to whether the public lands are/have been encroached. If it is found that any public land has been encroached/is being encroached, respondent nos. 1 to 5 shall take necessary action as available in accordance with law. The enquiry be conducted within a period of three months from today. 4.

Needless to mention that if respondent nos.1 to 5 finds that respondent no.6 has encroached on public land, they shall ensure that any construction on the said encroached land is immediately interdicted. 5.

The petition is disposed of.

6.

Order dasti.

VIBHU BAKHRU, J OCTOBER 17, 2017 MK