MUMTAZ Vs. CHAIRMAN DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE present petition is filed by the petitioners praying inter alia for directions to respondent No.1/DDA not to carry out demolition action slated for 11.2.2012 in respect of jhuggis of the petitioners situated abutting Masjid Kangal Shah, Mochi Bagh, DDA Park, Dhaula Kuan, New Delhi, without following the due process of law.

(2.) IT is pertinent to note that an earlier round of litigation had been initiated by the petitioners in respect of the same cause of action, registered as WP(C)No.2224/2011 entitled ,,Mumtaz Khan & Ors. vs. The Vice Chairman, DDA & Anr. (Annexure-A). While disposing of the aforesaid writ petition on 5.7.2011, a coordinate Bench of this Court had clearly observed as below :

(3.) THE aforesaid submission made by the learned counsel for the petitioner is devoid of merits for the reason that in WP(C)No.2224/2011, the claim laid by the petitioners to the land beneath their jhuggis could not be established by them. Instead, the Court noticed that the subject land belonged to respondent No.1/DDA. It is also pertinent to note that even as per their own case, the dwelling shelters of the petitioners had already been demolished by the DDA with the police assistance on 16.3.2011. Further, vide order dated 5.7.2011 passed in the earlier writ petition, the Court had observed that the only relief that the petitioners could have been granted was for consideration of their case for relocation under any scheme/policy of the DDA. THE aforesaid relief having already been granted to the petitioners in the earlier writ petition, no further orders are required to be passed in the present petition.