ROHTASH & ORS. vs GOVT OF NCT OF DELHI & ORS.

$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.01.2024
+ W.P.(C) 980/2024
ROHTASH & ORS ….. Petitioners
versus

GOVT OF NCT OF DELHI & ORS. ….. Respondents
Advocates who appeared in this case:

For the Petitioners : Mr. Dinesh Kumar, Mr. Abhishek Maroria and Mr. Arif Khan, Advocates.

For the Respondents : Mr. Avishkar Singhvi, ASC with Mr. Vivek Kr. Singh, Mr. Naved Ahmed, Mr. Deokinandan Sharma, Advocates along with Mr. Sarvagya, Senior Project Associate, Forest Department.

CORAM:
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 4066/2024 (for exemption)
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 980/2024 & CM APPL. 4065/2024 (for interim direction)
3. This is a writ petition under Article 226 of the Constitution of India, 1950, inter alia, seeking the following prayers:-
“a. issue an appropriate Writ, Order and/or direction in the nature of Certiorari and/or any other appropriate writ, order and/or direction in the like nature whereby quashing of the impugned notice bearing no. f. no. 52/DCF(S)/Land/Asola/2022-23/12626-33, dated 06.01.2024 issued by the Dy. Conservator of Forests, South Forest Division, Delhi, qua Khasra Nos. 1513 & 1510 of Revenue Estate of Village Asola, Dhakawali, New Delhi.

b. issuance of an appropriate writ, order and/or direction in the nature of Prohibition and/or for issuance of any other appropriate writ, order and/or direction thereby restraining the respondents from demolishing the existing structures and dispossessing the petitioners from the Land bearing Khasra Nos. 1513 & 1510 of Revenue Estate of Village Asola, Dhakawali, New Delhi.

c. issue any other appropriate writ, order and/or direction in the like nature in favour of the petitioners and against the respondents which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, to meet the ends of justice;

4. Learned counsel appearing for the petitioners fairly submits that though there is no document establishing the ownership/ titular rights of the petitioners on the subject land, however, he submits that it is the assertion of the petitioners that they have been in possession of the said land since their ancestors.
5. He submits that the petitioners had, in fact, filed suits bearing CS (OS) Nos. 3421/2015 and 3423/2015 seeking permanent injunction against the Gram Sabha, Village Asola, Tehsil Mehrauli, as also the Deputy Commissioner of District South, South Delhi Municipal Corporation and the SDM, Village Asola, Tehsil Mehrauli, Delhi, from being forcibly evicted from the property in possession of the petitioners.
6. Learned counsel draws attention of this Court to the orders dated 09.12.2015 and 24.02.2016 to submit that the Court had in both the suits, noted that the interim orders which were passed in the meanwhile, would operate in respect of khasra No. 1510 as also 1513 of the portions in their possession.
7. Learned counsel submits that finally by the order dated 04.12.2017, on the statement of the Deputy Commissioner, Revenue Department (South Delhi) undertaking that the petitioners, i.e., the plaintiff therein, would be dispossessed only in accordance with law. The said statement was accepted and the defendants were held bound by the same. He submits that now contrary to the aforesaid judgments and orders, the respondents/ Deputy Conservator of Forest had issued a notice dated 06.01.2024, whereby they are proposing to demolish the properties of the petitioners falling in the khasra No. 1513 on the ground that the same has been encroached upon by the petitioners, in violation of Section 26 of the Indian Forest Act, 1927.
8. He submits that the said action is contrary to the orders passed by this Court and hence, cannot be given effect to by the respondents.
9. Per contra, learned counsel appearing for the respondents submits that the khasra Nos.1513, 1515 and 1517 of Village Asola, Tehsil Saket have been notified as Reserved Forest Land under notification dated 24.05.1993 and 02.04.1996. He submits that this land, as such, is a reserved forest land and the property of the petitioner falling within khasra Nos. 1513 would clearly be an encroachment and has to be demolished in pursuance of the order passed by the National Green Tribunal in case title “Sonya Ghosh vs. GNCT Delhi” dated 15.01.2021.
10. In the past also, similar matters had been filed before this Court. Although, in those cases, the petitioners therein had shown some form of ownership documents, whereas in the present case, no such document candidly has been filed along with the petition.
11. However, the orders of this Court in the original suits, namely, CS (OS) Nos. 3421/2015 and 3423/2015 placed on record clearly show that as far back as in the year 2015, the petitioners, who were the plaintiffs therein had sought permanent injunction against the SDM, as also the South Delhi Municipal Corporation from interfering with their peaceful possession.
12. The said proceedings culminated in the order dated 04.12.2017, which is extracted hereunder :-
“On 15th November, 2017, this Court had passed the following order:-

“The learned counsel for the plaintiffs states that the plaintiffs would be satisfied in the event the defendants make a statement that the plaintiffs shall be dispossessed only in accordance with law.

Learned counsel for the defendants prays for some time to take instructions.

In the interest of justice, renotify on 04th December, 2017 at 2.30 p.m. for directions.

The Deputy Commissioner (South) is directed to be personally present in court on the next date of hearing.”

In pursuance to the aforesaid order, Mr. Amjad Tak, Deputy Commissioner, South Delhi is personally present in Court. He undertakes that the plaintiffs shall be dispossessed only in accordance with law.

The undertaking and statement made by Mr.Amjad Tak is accepted by this Court and the defendants are held bound by the same.

In view thereof, the present suits are decreed in accordance with the statements of learned counsel for plaintiffs and defendants. However, it is clarified that this Court has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open.

Registry is directed to issue to the plaintiffs the certificates authorizing them to receive back from the Collector the half amount of Court fee paid by them in their respective suits.

Order dasti.”

13. Learned counsel appearing for the respondents had submitted that the protection was only in respect of the respondents taking action in accordance with law. He submits that the present action by initiation of a notice dated 06.01.2024 would amount to an action in accordance with law.
14. This Court has also considered the submissions of learned counsel for the respondents but is unable to appreciate the same, inasmuch as the petitioners were not a party before the National Green Tribunal and also that there is, as on date, a protection granted by this Court in the suits for permanent injunction filed by the petitioners in the year 2015.
15. Since the petitioners are able to show, prima facie, that there is some legality to their possession by virtue of the aforesaid order, this Court is of the considered opinion that the situation and the facts obtaining in the case of petitioners ought to be considered by the Deputy Conservator of Forest before any coercive action is undertaken against them.
16. Accordingly, the present writ petition may be considered as a representation to the Deputy Conservator of Forest (South), who may pass a reasoned/ detailed order in respect of the present issue, after giving adequate opportunity to the petitioners for hearing. The petitioners are also at liberty to file additional documents other than the ones filed here too, in support of their contentions.
17. The Deputy Conservator of Forest may pass appropriate orders within six weeks from today.
18. In the meanwhile, no coercive action shall be taken by the authorities till the disposal of the representation by the Deputy Conservator of Forest.
19. The petition along with pending application stands disposed of in the above terms.

TUSHAR RAO GEDELA, J.
JANUARY 23, 2024
nd

W.P.(C) 980/2024 Page 2 of 6