“It appears that there was dispute about the identification of the land and in these circumstances in that very order Court also directed Deputy Commissioner, MCD to demarcate the land for which purpose date 26.02.2001 was fixed. CCP was disposed of with aforesaid directions. However, as demarcation could not take place on 26.02.2001 petitioner filed this CM. Thereafter, pursuant to orders passed in CM demarcation has been done and respondent – MCD has filed an affidavit on 07.11.2002 enclosing therewith copy of the proceedings showing the demarcation. In this affidavit, it is further stated that as a result of demarcation it is found that the land in question is outside the boundary of Primary School and MCD isnot in a position to deliver the said land. It appears that the said land is encroached upon by the third party. In that view of the matter no further directions can be given in this CM. It would be open to the petitioners to take recourse to such steps as may be permissible for the petitioner under the law for getting the encroachers evicted.”
