Disposed

Satish Kumar v. Govt. of N.C.T. of Delhi

NGT11 Dec 2020IA No. 417/2020 in Original Application No. 756/2018

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of inter-party applications and directed the North Delhi Municipal Corporation to proceed with encroachment removal under the law, holding that the Tribunal is not the forum for statutory demarcation disputes.

What did the court decide?

Disposed all IA materials; main application disposed with direction to North DMC to proceed with encroachment removal as lawful.

Satish Kumar vs Govt. of N.C.T. of Delhi — Landlord and Tenant | NGT (2020)

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Item No. 06

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 756/2018 (I.A. No. 415/2020, I.A. No. 416/2020, I.A. No. 417/2020, I.A. No. 418/2020, I.A. No. 421/2020 & I.A. No. 422/2020)

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(With affidavit dated 09.12.2020)

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Satish Kumar Applicant(s)

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Versus

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Govt. of NCT of Delhi

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Respondent(s)

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Date of hearing: 11.12.2020

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

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For Applicant(s): Mr. Rajiv Kumar Ghawana, Advocate for Applicant in I.A. 415/2020 to 418/2020 Mr. Prashant Kumar, Advocate for applicant in I.A. 421/2020 and 422/2020

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For Respondent: Ms. Jyoti Mendiratta, Advocate for GNCTD Ms. Puja Kalra, Advocate for North MCD

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ORDER

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The issue raised before this Tribunal pertains to encroachment on Government land at Khasra No. 216-217-964/218, revenue estate of Village Haiderpur, Delhi by Mehtab Singh son of Khazan Singh Nambardar, Charan Singh son of Mehtab Singh, Krishan son of Mehtab Singh, Anit son of Mehtab Singh and Varsha Devi daughter in law of Mehtab Singh, residents of 198-B, Banjara Wali Gali, Haiderpur, Delhi. The DDA took a stand that the area belongs to North MCD. The North MCD took a stand that the area belongs to Delhi Government.

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Vide order dated 06.08.2019, the Tribunal directed the Chief Secretary, Delhi to resolve the inter-se dispute between the different authorities of Delhi. In pursuance of the said order, the SDM, Saraswati Vihar was directed to conduct joint inspection and demarcate the area. Vide order dated 16.03.2020, the Tribunal directed the SDM, Saraswati Vihar to take further action accordingly.

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The North MCD has filed an affidavit on 09.12.2020 stating as follows:-

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“6. That as per demarcation report the khasra no 216(4-19), 217(2-02) and 964/218(1-07) were acquired by LAC Distt North west vide Award no 50/80-81 dated 18.07.1980 under provisions of LAC Act 1894 for DDA and some portion handed over to DDA.

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7. That North MCD an agency, decided by the Chief secretary Delhi, to take appropriate action is committed to take action for removal of encroachment from Government land in consonance with demarcation report prepared by LAC, DDA, Revenue deptt GNCTD.

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8. That the chronological orders of events are as under:-

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i) Hon'ble Tribunal vide its order dated 24.07.2020 directed the Chief Secretary, Delhi to look into the matter and held a meeting in order to get the issue resolved by necessary coordination.

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ii) A letter No. SDM/SV/Misc/2020/5330 dated 13.08.2020 was received in the office of Dy. Commissioner, Keshav Puram Zone from SDM/Saraswati Vihar vide which it was informed that the demarcation work is under progress in the instant matter and will be completed shortly. Copy of the letter is annexed herewith as Annexure-`A'.

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iii) That a demarcation report was prepared by the officials of concerned agency and was submitted to SDM, Saraswati Vihar and subsequently forwarded to DM, Dist. North-West. However, certain objections were raised to the demarcation by the officials of DDA (LM/NZ). The copy of the letter no. Teh./SV/Demarcation/2020/5879 dated 19.08.2020 regarding submission of final demarcation report is annexed herewith as Annexure-`13'.

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iv) In order to take action in the matter a meeting was held on 28.08.2020 in the office of Dy. Commissioner, Keshav Puram Zone which was attended by the officials of the all concerned agency. The minutes of the meeting vide no. SE-1/KPZ/2020/D-110 dated 28.08.2020 are annexed herewith as Annexure-'C'.

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v) A meeting was conveyed under the Chairmanship of Chief Secretary, GNCTD on 21.08.2020 in pursuance of order dated 24.07.2020 wherein it was decided that in view of the discrepancies pointed out the demarcation report, DM(NorthWest) will arrange to prepare a rectified final report which shall be shared with DDA & North DMC. Further all the agencies including Delhi Police, DDA & Revenue Department were directed to lead full assistant and support to North DMC. The copy of the minutes vide letter no. SO/CS/2020/1332213328 dated 31.08.2020 are annexed herewith as Annexuret'.

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vi) That the rectified final report in respect of demarcation of Khasra No. 216, 217 and 964/218 of Revenue Estate of Village Haiderpur was forwarded by SDM, Saraswati Vihar alongwith a map to all agencies vide letter no. SDM/SV/Demarcation/2020/6542 dated 05.10.2020. The copy of vide letter no. SDM/SV/Demarcation/2020/6542 dated 05.10.2020 alongwith demarcation report and map are annexed herewith as Annexure-`E'.

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vii) That a meeting was held by Dy. Commissioner, KPZ on 08.10.2020 with officials of all concerned agencies to clarify the status of land and demarcated the actual position of subject land along with DDA, LAC/NW & Revenue Saraswati Vihar. It was decided in the meeting that as per the demarcation report actual marking on ground shall be carried out by the joint team consisting of officials from the LAC Office, DDA officials, revenue department GNCTD and North DMC on 14.10.2020. Further, the DDA and LAC officials were also directed to ensure that there are no stay orders or direction from the court pending in the matters and to complete any procedural formalities related to Land Acquisition, etc. The copy of the minutes of the meeting vide no. SE-1/KPZ/NDMC/KPZ/2020/D-127 dated 09.10.2020 is annexed herewith as Annexure-'F'

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viii) That the LAC has also submitted a report wherein it was mentioned that as per record of LAC, land acquisition was carried out w.r.t. Kh. No. 216 (4-19), 217 (2-02) and 964/218(1-07) and the land was acquired by award no. 50/80-81 dated 18.07.80 under the provision of land acquisition act, 1894. Out of total land acquired, the possession of Kh. No. 216min(3-11), 217 (1-00) and 218(107) has not been taken due to built up area at the time of

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initiation of LAC proceedings in 1980 itself and therefore, the said land has not been handed over to D.D.A. till today.

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ix) That demarcation was carried out on 14.10.2020 on ground in respect of Khasra No. 216, 217 and 218 and area was actually demarcated by marking of reference points physically on ground in presence of officials of all concerned agencies. Accordingly, a report was prepared and forwarded to all concerned agencies vide letter no. SDM/SV/Demarcation/2020/6731 dated 16.10.2020. The copy of the letter dated 16.10.2020 alongwith demarcation report is annexed herewith as Annexure-`G'.

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x) That after the physical marking/demarcation carried out by agencies such as revenue department, DDA officials, LAC, the matter was processed by North DMC for executing the same.That after seeking necessary approval from the competent authority to issue vacation notices to the encroachers upon the land, so that encroachment removal action could be taken by the North DMC, vacation notices dated 05.11.2020 (Total 38 notices) were issued by North DMC calling upon the noticee to vacate the property/premises within 10 days.

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xi) That an encroachment removal program w.e.f. 24.11.2020 to 28.11.2020 was fixed for removing unauthorized encroachment in compliance of the orders. The concerned SHO was requested to provide necessary police force vide letter no. EE(M)-1/KPZ/2020-21/D-885 dated 23.11. 2020.The copy of the letter dated 23.11.2020 is annexed herewith as Annexure-'H'

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xii) That the vacations notices issued by North DMC were challenged before Hon'ble Delhi High of Delhi by way of filing of WP(C) 9301/2020 titled as "Haiderpur Industries owner welfare society (Regd.) & Ors. vs, North Delhi Municipal Corporation. The Hon'ble High Court has passed the following direction vide order dt. 23.11.2020:

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"10.Nevertheless, since the respondent's action has been initiated at the instance of the NGT, it would be appropriate at this stage, for the petitioners to seek reliefs/orders/clarifications from the NGT.

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11.The learned Senior Advocate for the petitioners seeks two weeks' time to move an appropriate application before the NGT.

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12.ln the , circumstances, it is expected that the Corporation shall not initiate any precipitate action against the petitioners till that time.

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13.Renotify on 27.05.2021".

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The copy of the order dt. 23.11.2020 passed by the Hon'ble High Court of Delhi is annexed herewith as Annexure-'I'. It is further submitted that a fresh application bearing CM No. 3176/20 in WPC 9301/20 was filed by the noticee before the Hon'ble High Court seeking extension of time on 07.12.20. The Hon'ble High Court disposed off the application directing North MCD not to take precipitative measures against the petitioners till the application filed by them before NGT is taken up for hearing on 11^th December 2020.

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xiii) That North DMC has again fixed the program for removal of encroachment from 08.12.2020 to 12.12.2020 and requested the SHO Shalimar Bagh to provide the adequate police force vide letter no.EE M-I/KPZ/2020-21/D-902/Dated-26-112020.The copy of the letterdt. 26.11.2020 is annexed herewith as Annexure-V.

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xiv) That ACP, Shalimar Bagh has requested to fix another date at least one month in advance due to ongoing farmer's agitation situation vide letter no. 4427-28/ACP/Shalimar Bagh, NW Delhi dated 07.12.2020.The copy of the letter dt. 07.12.2020 is annexed herewith as Annexure`1C.

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9. That North DMC has again fixed an encroachment removal programme from dt. 21^st December to - 24^th December 2020. Since the demolition exercise in the present matter involves around 38 properties, the process requires adequate police force.”

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When we have taken up a matter today, we find that though none represents the original applicant, I.A. No. 421/2020 has been filed by one Puran Singh Yadav to the effect that in pursuance of the above order, the said applicant is sought to be removed from land which is not subject matter of consideration by this Tribunal. Similar application has been filed by one Subhash being I.A. No. 422/2020. I.A. No. 415/2020 and I.A. No. 416/2020 for intervention and clarification and I.A. No. 417/2020 and I.A. No. 418/2020 have also been filed for similar relief.

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The applicants have referred to order of the Delhi High Court dated 23.11.2020 in W.P. (C) 9301/2020, Haiderpur Industries Owner Welfare Society (Regd.) & Ors. v. North Delhi Municipal Corporation & Anr filed against orders of the Municipal Corporation for removing the

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encroachment. The grievance before the High Court was that the land occupied by them was not subject matter of consideration before this Tribunal.

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The High Court observed that since the action has been initiated at the instance of the NGT, application could be filed seeking clarification from the NGT.

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We have heard the applicants. It is seen from the record that this Tribunal has not adjudicated upon inter-se dispute but only directed the statutory authorities to take action as per law. The adjudication is by the SDM who is the concerned Revenue authority. NGT is not the forum for adjudication of inter-se dispute of demarcation or title. If the applicants in the IAs are aggrieved by the orders of the said statutory authorities, such grievance has to be addressed at any other appropriate forum and not before this Tribunal. Moreover, the Tribunal has only dealt with the allegations with regard to Khasra No. 216-217-964/218 and if their action about any other land not covered by the order of this Tribunal, the same is not subject matter of these proceedings.

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All the I.A.s will stand disposed of accordingly.

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The main application will stand disposed of by a direction that the

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North DMC may proceed in accordance with law.

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Adarsh Kumar Goel, CP

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Sheo Kumar Singh, JM

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Dr. Nagin Nanda, EM