ANSAR AHMED Vs. UNION OF INDIA

JUDGEMENT

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

(2.) The petitioners numbering 47 have filed this writ petition seeking a writ of prohibition to restrain respondents 1 to 4 i.e. Union of India, N.C.T of Delhi, DDA and Delhi Metro Rail Corporation Limited from interfering with their peaceful and actual physical possession of the lands in khasra No.41(min) of Village Charaga Chomali, Shahdara, Delhi.

(3.) The case of the petitioners is that there are non-occupancy tenants and are protected from eviction by virtue of the provisions of the Agra Tenancy Act as applicable to Delhi. The writ petition had come up before the Court on 6th August, 2002, when learned counsel for the petitioners submitted that the petitioners had occupied their respective pieces of land/shops at the instance of respondents 5 to 9 who were stated to be the tenants of the land. The petitioners contended that they had occupied the respective lands and shops at the instance of respondents 5 to 9 and in view of the actual occupancy, petitioners also became the non-occupancy tenants and could not be summarily evicted. The grievance urged by the learned counsel for the petitioners was that the land in question was being taken for the DMRC Project. However, as a result cf the orders passed in CW 55/78, the benefit of the relocation scheme of the NCT of Delhi for alternate lands/shops was being confined to the said respondents No.5 to 9, while the petitioners were in actual possession. The directions given in the writ petition was to consider the case of the said petitioners in the writ petition.