KIRORI MAL Vs. MCD

JUDGEMENT

(1.) THE petitioners, claiming to be the owners in possession of land in Khasra No.586/282, village Malikpur, next to Alpana Cinema, Model Town-I, New Delhi, have filed this petition to restrain the respondent MCD from dispossessing them from their properties built on the said land and in pursuance to the show cause notice dated 14 th January, 2011 issued by the respondent MCD.

(2.) THE predecessor of the petitioners along with certain other persons had in or about the year 1978 instituted a suit in the Civil Court, Delhi against DDA, UOI and MCD with respect to the said land and certain other land in the said village, for permanent injunction to restrain the said governmental agencies from dispossessing them from their properties on the land subject matter of the suit except by due process of law. THE said suit was decided vide judgment and decree dated 23 rd January, 1995 and the said governmental agencies including the MCD were restrained from dispossessing the plaintiffs in the suit from the land subject matter of the suit (and which included the land in Khasra No.586/282 subject matter of this petition), except by due process of law. THE said judgment and decree, is stated to have attained finality. THE petitioners claim that inspite of the judgment and decree, officials of the respondent MCD in pursuance to some proceedings initiated before the Lokayukta, Delhi had come to their properties to demolish the same and to remove them forcibly therefrom; that upon the petitioners showing to the said officials documents of their title being the Khasra Girdawaris in favour of their predecessor and duly mutated in their name, as well as the judgment and decree aforesaid, the show cause notice dated 14 th January, 2011 aforesaid was issued.

(3.) THE counsel for the respondent MCD appears on advance notice and has reiterated that the land being of the MCD and the petitioners being encroachers thereupon, are liable to be removed without any notice. It is stated that the decree aforesaid restraining the respondent MCD from removing the petitioners save by due process of law would not come in the way of the respondent MCD in pursuance to the show cause notice removing the petitioners since the process of law i.e. the provisions of the DMC Act do not require any proceedings for eviction to be taken against the encroachers and encroachers on MCD land can be removed without any notice also.