PRADEEP KUMAR Vs. UOI

JUDGEMENT

(1.) VIDE order dated 18.10.2011, respondent No.3/MCD was directed to file a fresh status report clearly stating inter alia as to whether any other encroachments exist on public land, subject matter of the present writ petition, apart from the portion of the land, subject matter of WP(C)No.3412/2010, in which a stay is operating in favour of the petitioner therein. It was further directed that in case any malba was found to be lying on public land, respondent No.3/MCD would ensure its removal before the next date of hearing.

(2.) A status report has been filed by respondent No.3/MCD on 20.1.2012, wherein it is stated that encroachment removal action was undertaken on 24.2.2010 and 25.2.2010, as per the demarcation made by the revenue authorities. However, further encroachment removal action could not be undertaken on the aforesaid dates due to resistance faced from the local residents. In April, 2010, encroachment removal action was again undertaken by the MCD in respect of a part of the subject premises. It is further stated that as per the recent inspection carried out by the officers of respondent No.3/MCD in terms of the order dated 18.10.2011, no encroachment was found in the properties against which earlier encroachment removal action had been undertaken by respondent No.3/MCD in February and April, 2010, nor was any malba found lying on public land. It is submitted that respondent No.3/MCD had addressed a letter dated 29.12.2011 to the SDM, Vasant Vihar, New Delhi, to intimate the MCD as to whether any further encroachment existed on public land in respect of Khasras No.69 and 249/2 situated in village Dhool Siras, Delhi, for it to take appropriate action in that regard.

(3.) WHILE undertaking the aforesaid joint inspection, the SDM shall also take into consideration the stand of the applicants in CM No.16242/2009 (i.e., Mr. Mahender Singh and Jaswant Singh), CM No. 73/2010 (i.e., Mr. Mahender Singh) and CM No.74/2010 (i.e., Balwant Singh), if not already examined, and verify as to whether there is any stay order granted in favour of the said applicants in any other proceedings. As regards the orders passed in C.M. No.16242/2009 filed by Sh. Mahender Singh and Sh. Jaswant Singh, it was directed that if there is any stay operating in favour of the said applicants, then the SDM shall call upon them to furnish copies of the said stay orders in respect of the land occupied by them. Only after satisfying himself, shall the SDM call upon respondent No.3/MCD to carry out demolition action in respect of the land, subject matter of the present writ petition, which shall be undertaken as per law.