Petitioners sought writ to declare unauthorized possession and compensation regarding pillars constructed by DMRC on their land. Court declined to examine land ownership controversy within these proceedings.
None granted in this proceeding. Petition disposed with liberty to file appropriate proceedings for demarcation.
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“a) Issue a writ order or direction declaring possession of respondent No.2 on the property of the petitioners i.e. Plot No. 3/11, comprised in Khasra No. 400, Amar Park, Tri Nagar, New Delhi, within the revenue estate of Village Chokri Mubarakabad, Delhi unauthorized and illegal; and
b) direct respondent No.2 to get the property of the petitioners i.e. Plot No. 3/11, comprised of Khasra No. 400, Amar Park, Tri Nagar, New Delhi, within the revenue estate of Village Chokri Mubarakbad, Delhi by mutual agreement and/or by following the due process of law, and pay cost or compensation therefor in accordance with law; and
c) direct the respondents to pay such further compensation for the unauthorised use and occupation of the property of
the petitioners since the year 2008.”
property on which the pillar is built belongs exclusively to the petitioners. 6. This Court is not inclined to examine the aforesaid controversy as to the location of the petitioners’ property in these proceedings. The petitioners would be at liberty to file appropriate proceedings for division and/or demarcation of their land. Plainly, in the event it is established that DMRC has constructed pillars on the petitioners’ property, therefore, DMRC would necessarily have to compensate the petitioners for the same. Once it is established that the pillars in question have been constructed on the petitioners' properties, the petitioners would be at liberty to approach the DMRC for an appropriate relief.
VIBHU BAKHRU, J
NOVEMBER 09, 2017 pkv
2 provisions across 1 enactments
Saroj Gupta & Anr
GNCTD Through Secretary & Ors
Vibhu Bakhru
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
