Single judge dismissed connected applications challenging a government statement regarding land possession as having no merit due to lack of proof, holding mere photographs insufficient.
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CM No. 4645/2018 (for exemption) in CONT. CASfQ 86/2018
W
Exemptions allowed subject to all just exceptions.
Applications stand disposed of.
CONT.CAS(C) 78/2018 & CM No. 4488/2018 (for stay) CONT.CAS(C) 79/2018 & CM No. 4495/2018 (for stay) CONT.CAS(C) 81/2018 & CM No. 4569/2018 (for stay) CONT.CAS(C) 82/2018 & CM No. 4571/2018 (for stay) CONT.CAS(C) 83/2018 & CM No. 4573/2018 (for stay) CONT.CAS(C) 86/2018
These petitions have been filed by the petitioners alleging, despite the petitioners being in possession, an incorrect statement has been made on January 19, 2018 that the entire land at the western side of the Yamuna Bank has since been made encroachment firep and the same is vacant except in those cases where there are status quo orders operating against the respondents/DDA.
Mr. R. M. Sinha, learned counsel appearing for the petitioners has drawn my attention to page 29 of the paper book which is a photograph (in Cont. Cas. No. 78/2018) to shdw the possession of the petitioners with regardtothe land in question.
He also, by relying on a judgment of the Supreme Court contended that a wrong statement made would attract contempt proceedings.
On a specific query to Mr. Rajiv Bansal, learned Sr. Counsel appearing for the respondents / DDA, Mr. Bansal states, he still stand by the statement made on January 19, 2018. That apart it is his submission that, mere photographs cannot conclusively prove the possession of the petitioners with regard to the land in question.
On a specific query to Mr.Sinha to show that the petitioners were / are
holdingthe land in questionon January 19, 2018 or thereafter,the answer is in the negative.
In view of above, I do not see any meritin the petitions. Thepetitions and the connected applicationsare dismissed.
y. KAMESWAR RAO, J
FEBRUARY 06,20l8^g
Colour shows how this judgement treated each authority
unspecified Supreme Court judgmentReferred¶9
Petitioners
Respondents/DDA
KAMESWAR RAO
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
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