DEEPAK TOMAR vs RAJIV KUMAR & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 801/2019
DEEPAK TOMAR ….. Petitioner
Through: Mr. Shashank Verma with Mr. Jitender Kumar, Mr. Dinesh Kumar, Mr. Avnish Kasana, Mr. Pradeep Choudhary, Ms. Rekha Rani, Mr. Yogesh Khari, Mr. Rajneesh Kaushik, Mr. Hari Mohan Sharma, Mr. Sunil Kumar, Mr. Pankaj Arya and Mr. Tushar Kaushik, Advocates.
(M): 9560832733
Email: verma_ji@icloud.com
versus

RAJIV KUMAR & ORS. ….. Respondents
Through: Mr. Vanshay Kaul, Advocate for
Mr. Sameer Vashisht, ASC (Civil),
GNCTD for respondent no. 1 to 4 and
6.
(M): 9870111585
Email: vanshkaul@gmail.com
Mr. Manu Chaturvedi, SC, MCD with
Ms. Devika Singh Roy Chowdhary,
Advocate for respondent/MCD.
(M): 9315827955
Email: manuchaturvedi@gmail.com

% Date of Decision: 15th May, 2024

CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
J U D G M E N T
MINI PUSHKARNA, J: (ORAL)
1. The present petition has been filed alleging willful disobedience of the order dated 10th January, 2019 passed in W.P. (C) No. 10359/2018, whereby, the following directions had been issued:
“Notice to the respondent nos.7 to 10 could not be issued as the process fee was not filed by the petitioner. However, at this stage, Mr. Jevesh Singh, learned counsel for the respondent nos. 1 to 4 & 6 states that the requisite action to remove the alleged illegal and unauthorised construction on the Gram Sabha land bearing Khasra No.168, Village Sabhapur Shahdara, Delhi-110094, could not be taken as the respondents are in the process of finalising the demarcation of the Gram Sabha land. He states that the respondent will endeavour to get the process of demarcation completed within eight weeks and assures the court that as soon as the demarcation is carried out, the respondents will take immediate steps to ensure that the alleged illegal and unauthorised construction on the Gram Sabha land is removed by following the due procedure.

Learned counsel for the respondent no.5 also states that they will also co-operate with the respondent nos. 1 to 4 & 6 in taking the requisite steps for removal of the illegal and unauthorised construction in accordance with law.

In view of the aforesaid statement of learned counsel for the respondent nos. 1 to 6, the learned counsel for the petitioner does not press the writ petition any further.

The petition and pending application is dismissed as having become infructuous.”

2. A perusal of the aforesaid shows that the writ petition had been filed praying for directions to remove the unauthorised construction on the Gram Sabha Land bearing Khasra No. 168, Village Sabhapur Shahdara, Delhi-110094. In the aforesaid order, the Court had noted the submission on behalf of the Delhi Government that requisite action for removal of the unauthorised construction could not be taken, as the respondents were in the process of finalizing the demarcation of the Gram Sabha Land. Thus, assurance of the respondents was recorded in the aforesaid order, that unauthorised construction shall be removed, as soon as the demarcation was carried out.
3. Now, an affidavit dated 06th May, 2024 has been filed on behalf of the Delhi Government, wherein it is stated as follows:-
“xxx xxx xxx

4. That it is submitted that the land in question falls in the village of Sabhapur, Shahdara. The said village has been urbanized vide gazette notification dated 21.11.2019. In view of the said notification, it is submitted that the land in question now ceases to be governed under the Delhi Land Reforms Act. 1954, and further, the Revenue Authorities have no authority over the land in question. It is the Delhi Development Authority (“DDA”) which has authority over the said land. It is submitted that the land in question was handed over the DDA on 15.01.2021. The copy of the notification dated 21.11.2019 is herein annexed and marked as “ANNEXURE A-1”.

5. In view of the above, it is submitted that the demarcation of the land in question can only be carried out by the DDA as it is now the DDA which is the land-owning agency.

xxx xxx xxx”

4. In terms of the aforesaid affidavit, it is manifest that the area in question is not within the jurisdiction of the Revenue Authorities any longer, as the land in question is stated to have been urbanised vide Gazette Notification dated 21st November, 2019.
5. This Court notes the stand of the Delhi Government that now it is the Delhi Development Authority (“DDA”), which has authority over the land in question and that the said land has already been handed over to DDA on 15th January, 2021.
6. Keeping in view the aforesaid, it is clear that the directions as given in the order dated 10th January, 2019 cannot be complied with by the Delhi Government in view of subsequent event of urbanization of the land in question and the land in question, now vesting with the DDA.
7. Considering the averments made on behalf of the Delhi Government in the affidavit, it is directed that the DDA shall now carry out the exercise of demarcation of land, in case need be.
8. The DDA shall carry out the exercise of demarcation with the help of the Revenue Authorities, if assistance of the Revenue Authorities is needed. In case any unauthorised construction is found in the area handed over to the DDA, requisite action shall be taken by the DDA forthwith.
9. The aforesaid exercise shall be undertaken by the DDA expeditiously, preferably within four months from today.
10. With the aforesaid directions, the present petition is disposed of.
11. Copy of this judgment shall be sent forthwith to the Vice-Chairman, Delhi Development Authority for compliance.

MINI PUSHKARNA, J
MAY 15, 2024
c

CONT.CAS(C) 801/2019 Page 4 of 4