MAJOR KISHORE SINGH Vs. GOVT OF NCT

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for directions to respondent No.2/IOCL and respondent No.3/MCD to initiate sealing and demolition action against properties situated on the approach road to the Bijwasan Terminal being operated by respondent No.2/IOCL. The petitioner has also prayed for costs and damages to be imposed on the respondents for the purported illegal action of demolishing his dwelling unit, i.e., House No.1, Major Saab Niwas, Saini Mohalla, Bijwasan, New Delhi, on the ground that his premises was singled out and that too when demarcation proceedings were underway.

(2.) Notice was issued on the present petition vide order dated 24.09.2010 and it was directed that status quo be maintained by the parties with regard to the property of the petitioner. On 02.08.2011, a counter affidavit was filed by respondent No.2/IOCL, wherein, it was stated that the terminal in question had been constructed by respondent No.2/IOCL after the acquisition of the land and the same had been placed at its disposal and further that sufficient land had been acquired outside the boundary wall of the Bijwasan terminal to build a private road, which connects to the main Najafgarh Road. It is averred by respondent No.2/IOCL that since the year 2005, there has been a systematic encroachment on both sides of the approach road by the villagers/residents of the area and the petitioner herein is one such encroacher.

(3.) A perusal of the counter affidavit filed by respondent No.3/MCD shows that MCD had initiated action against the unauthorized construction carried out in plot No.1, Khasra No.32/25, near IOC Road, village Bijwasan, Saini Mohalla, New Delhi, by booking the same on 12.01.2010. On the same date, notice to show cause was issued to the owner/occupier of the property in question and as the notice was refused, the same was pasted at site. MCD did not receive a reply to the notice to show cause. The petitioner refused to receive the demolition notice dated 20.01.2010 as well. As a result, on 29.01.2010, a demolition order was passed. Finally, demolition action was undertaken by MCD on 15.02.2010. It is submitted that in the course of the demolition action, three shops were demolished with the help of the local police. However, no demolition was undertaken against the old construction, which was protected under the National Capital Territory of Delhi Laws (Special Provisions) Act.