R K BANSAL Vs. GNCTD

JUDGEMENT

(1.) Seventeen Petitioners who are owners of plots in Block C-1, Rajouri Garden, New Delhi have joined in this petition seeking a direction to restrain the Public Works Department (PWD), Respondent No. 2 herein and the Government of National Capital Territory of Delhi (GNCTD) Respondent No. 1 herein from removing their marble shops located on the plots.

(2.) Initially this Court was informed that the land on which the marble shops were located had been acquired under the Land Acquisition Act, 1894 (LA Act). However, the proceedings of 26th May 1999 show that the Court was informed by the learned counsel for the Respondents that "the property which is the subject matter of the present petition has not been acquired but the predecessors of the petitioner gave an undertaking that they will keep the land vacant for use of general public." The parties were then directed to maintain status quo with regard to the possession. That interim order has continued. It must be mentioned that Respondent No. 3 is the DLF Housing & Construction Ltd. (hereinafter 'the DLF') from whom the Petitioners purchased the said plots on varying dates from 1956 to the early 1960s. By way of an application, CM 1445 of 2000, Respondent No. 3 had sought deletion of its name from the array of parties. The said application was allowed by an order dated 19th July 2000 which reads as under:

(3.) Learned counsel for the Petitioner therefore submits that in case respondent No.3 has violated the terms of the sanctioned plan, the land could not have been sold by the said respondent.