The private respondent, i.e. Respondent No.3 contests the proceedings and contests that he is in possession of 500 square yards and that by virtue of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 [hereafter “the 2011 Act”], which was extended later, all demolition action upon public or encroached lands has been suspended. The said respondent also relies upon the Division Bench ruling of the Court in Banwari Lal v. UOI CWP 2365/1990, to say that in such instances as long as the land is public land, if the encroached property is not further built upon, the concerned party or persons in possession of constructed property cannot be disturbed. In view of the above facts, it is evident that the lands which are the subject matter of the present petition are undoubtedly public lands which vested in the government. At the same time, they seem to have been encroached/constructed upon. As at present, by virtue of the 2011 Act, which continues to be in force, the direction sought by the petitioner cannot be granted. The writ
