This court directed the Delhi Development Authority to take possession of specific land once petitioners remove building materials within three weeks. The petition was subsequently disposed of.
Directing DDA to take possession of land after petitioners remove building materials within three weeks.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 27.05.2024
JEEVAN KAMAL SEWA TRUST & ANR. ..... Petitioners
Through: Mr. Vedpal Rana with Mr. Kunal Mittal, Advocates. (M): 9811165706 Email: [email protected]
versus
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Through: Mr. Kunal Lakra, Advocate. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J (ORAL)
CM APPL. 31887/2024
Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Da te:0 4.06.2024 15:20:49
W.P.(C) 9497/2023 Page 1 of 4
“a) Issue an appropriate writ, order or direction thereby quashing and setting aside the impugned order dated 11.07.2023 passed by the Respondent;
b) Issue an appropriate writ, order or direction thereby directing the Respondents to consider the request of the Petitioner Trust of providing alternate land in lieu of the subject land;
c) Issue an appropriate writ, order or direction thereby directing the Respondents to consider the request of the Petitioner No. 1 Trust of allowing the Petitioner No. 1 Trust to pay the amount equivalent to the cost of the concerned land i.e. 1250 sq. yds. situated at Village Palam, Sector-7, Dwarka, New Delhi, in terms of the order of the Competitive Authority dated 23.07.2007.
d) Issue an appropriate writ, order or direction thereby directing the Respondents to carry out specific and scientific demarcation of the subject land or permit the Petitioner No. 1 Trust to carry out the demarcation at its own cost and expense so as to identify where the subject land of 1250 sq. yds. is situated, and thereafter handover possession of the subject land by the Petitioner No. 2 Trust itself; and
xxx xxx xxx”
Signature Not Verified
W.P.(C) 9497/2023 Page 2 of 4
Digitally Signed By:AMAN UNIYAL Signing Da te:0 4.06.2024 15:20:49
2000, on record. He, thus, submits that the petitioners are willing to hand over the land of the DDA, which currently is in possession of the petitioners, in terms of the Demarcation Plan attached with the Demarcation Report dated 21st January, 2000.
“It is the contention of the respondent/DDA that the petitioner has encroached upon the khasra numbers 28/6/2 Min. of village Palam and Khasra Nos. 11/13/1 Min and 11/13/2 Min of village Tokanpur. Delhi and the school building on these khasra numbers is to be demolished.
The S.D.M., Tehsil Mehrauli is directed to carry out the demarcation in respect of khasra No. 28/6/2 Min. of village Palam and Khasra Nos. 11/13/1 Min and 11/13/2 Min of village Tokanpur within a period of four weeks from the date of communication of this order.
The SDM shall be assisted by the concerned revenue officials of the area for carrying out the demarcation. Notices shall be issued to the parties/counsel in whose presence the demarcation proceedings shall be taken. The parties are at liberty to place relevant documents before the SDM to assist in carrying out the demarcation.
After the completion of the demarcation proceedings copy of the site plan alongwith the report shall be filed in the court by the concerned SDM.
A copy of the order be sent to the SDM, Tehsil Mehrauli. DASTI.
List on 27th September, 1999.”
Signature Not Verified
W.P.(C) 9497/2023 Page 3 of 4
Digitally Signed By:AMAN UNIYAL Signing Da te:0 4.06.2024 15:20:49
counsel appearing for the petitioners that the petitioners shall hand over the possession of the land belonging to DDA, in terms of the Demarcation Plan, which is attached along with Demarcation Report dated 21st January, 2000. 10. Learned counsel for the petitioners further submits that the aforesaid action shall be taken by the petitioners within a period of three weeks. 11. The aforesaid statement of the petitioners is taken on record and the petitioners are held bound by the same.
MINI PUSHKARNA, J
MAY 27, 2024/ c
Signature Not Verified
W.P.(C) 9497/2023 Page 4 of 4
Digitally Signed By:AMAN UNIYAL Signing Da te:0 4.06.2024 15:20:49
1 issue framed by the court
Whether the DDA is directed to take possession of land after petitioners remove building materials within three weeks.
JEEVAN KAMAL SEWA TRUST
DELHI DEVELOPMENT AUTHORITY
MINI PUSHKARNA
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
