KRISHNA ESTATE RESIDENT WELFARE ASSOCIATION Vs. DDA

JUDGEMENT

(1.) THIS petition is filed by petitioner No.1/Krishna Estate Resident Welfare Association and nine others praying inter alia for setting aside the proposed demolition action being undertaken by the respondents in respect of residential premises of petitioners No.2 to 10 existing in Khasra No.509, G-Block, Punjabi Colony, Narela, Delhi, known as Krishna Estate, G-Block, Punjabi Colony, Narela Delhi.

(2.) IT is contended by learned counsel for the petitioners that the aforesaid demolition action has been undertaken by respondent No.1/DDA in violation of the National Capital Territory of Delhi Laws (Special Provisions) Act and the policy framed by the Govt. of NCT of Delhi, applicable to the unauthorized colonies like that of the petitioners', which is awaiting regularization. He states that the petitioner No.1/Association had applied to the respondent No.2/Govt. of NCT of Delhi for regularization of its colony and its name figures at Sr. No.1391 in the list of applicants for regularization of unauthorized colonies as drawn by respondent No.2/Govt. of NCT of Delhi. The registration number assigned to petitioner No.1/Association is 1574. IT is averred in para 8 of the writ petition that on 12.08.2008, petitioner No.1/Association had received a letter from the Govt. of NCT of Delhi, calling upon it to submit documents and rectify the deficiencies in the application submitted by it for grant of a provisional registration certificate. A copy of the aforesaid letter dated 12.08.2008 addressed by the Govt. of NCT of Delhi to the petitioner No.1/Association is enclosed as Annexure P-6.

(3.) IT is contended by learned counsel for the petitioners that at the time of submitting the layout plan of the colony to the MCD under cover of letter dated 15.03.2010, petitioner No.1/Association had added Khasra No.509, subject matter of the present petition, to the said layout plan but thereafter, MCD did not intimate anything to petitioner No.1/Association in this regard. As a result, petitioner No.1/Association remained under the bonafide impression that the aforesaid Khasra No.509 had been included in the layout plan of its colony pending regularization. IT is submitted that the petitioners were compelled to file the present writ petition in May 2010, for the reason that on 19.03.2010, the respondents had suddenly undertaken certain demolition action and thus dispossessed petitioners No.2 to 10 from their residential premises that fell in the aforesaid Khasra No.509.