BADLEY RAM Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule. with the consent of the parties writ petition is taken up for disposal.

(2.) The petitioner has filed this writ petition seeking a writ of mandamus against the Delhi Development Authority, Development Commissioner and the Deputy Commissioner for taking action against respondents 4 to 7 for alleged encroachments. Petitioner seeks a mandamus to respondents 1 and 3 to get evicted respondents 4 to 7 from a piece of land, which is claimed to be a part of khasra No.384 situated at Village Khanpur,Tehsil Mehrauli, New Delhi. The said portion is stated to be in the illegal occupation of respondents 4 to 7.

(3.) Case of the petitioner in short is that a total area of 7 bighas and 7 biswas of land in khasra No.384 was acquired and it was handed over to DDA. However, DDA has failed to remove the encroachments. Counsel for the petitioner submitted that as a result .,, of the encroachments, the respondents have blocked a passage/rasta, which is the subject matter of challenge in Suit No.1603/96. It is further claimed that a boundary wall has also been constructed by the respondents 4 to 7 in one bigha of khasra No.384. Further that as a result of encroachments by respondents 4 to 7 in khasra No.469, the access to the house of the petitioner is also obstructed.