GANGA VIHAR RW ASSOCIATION Vs. UOI

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioners seeking directions to the respondents not to dispossess forty one petitioners, members of the petitioner No.1 Association, or disturb their possession in the colony known as Ganga Vihar.

(2.) IT is the case of the petitioners that since the year 1986, they are the resident members residing in the colony named Ganga Vihar, Village Kilokari, Ring Road, New Delhi, and had purchased plots from the original owners on which structures had been constructed by them comprising of Khasras No.530/1, 532/1, 1260, 535/1, 491/1, 522/1-6, 520/1/1, 521/1, 517 and 519, Village Kilokari, Ring Road, New Delhi. IT is averred in the writ petition that in the year 1987, the colony in question came into existence and the residents and the members of the petitioner/Association started residing there with their families. In the year 1990, the colony applied to respondent No.2/Govt. of NCT of Delhi for being regularized. An acknowledgement receipt dated 31.1.2005 was issued by respondent No.2/Govt. of NCT of Delhi acknowledging the receipt of an application for regularization of the unauthorized colony, which is placed on record as Annexure P-1. IT is stated that the name of the colony of the petitioners/Association features at item No.300 in a list of 1432 colonies, which have applied for seeking regularization (Annexure P-1).

(3.) WHEN the present writ petition was listed on 22.2.2007, counsel for respondent No.3/DDA had stated that there was a willful suppression of material facts in the writ petition and he had sought time to place on record the photographs and other relevant documents required to substantiate the said submission. As a result, he was directed to file an affidavit.