ATTAR SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE four petitioners claim to be the owners of land (though the area of land is not given in the petition but in the site plan Annexure-P1 dimensions of the land have been given) in Khasra No.148 stated to be within the Lal Dora of the village Kanganheri, Delhi. THEy state that their predecessors have been in possession of the said land since the year 1948 and had constructed a Dharamshala over the said land. It is further the case of the petitioners that there is a Chopal of the Gaon Sabha, adjacent to their said land. THE petitioners claiming that the respondents in August, 2009 carried out demolition of a portion of the Dharamshala of the petitioners and amalgamated the land of the petitioners in the Chopal, have filed this petition for directions to the respondent to remove the encroachment from the land of the petitioners and to restrain them from interfering in use and occupation of the remaining property of the petitioners.

(2.) NOTICE of the petition was issued and status quo regarding occupation, possession and construction directed to be maintained.

(3.) IN view of the contest by the respondent, it has been enquired from the counsel for the petitioners as to how the present writ petition is maintainable; how the factual controversy of title and possession of the land can be resolved with evidence and as to why the petitioners ought not to avail of the alternative remedy under the provisions of the Delhi Land Reforms Act or the Delhi Land Revenue Act.