RAJENDER PRASAD Vs. LT GOVERNOR

JUDGEMENT

(1.) This petition filed as a Public Interest Litigation (as stated by the counsel for the petitioner on 27 th May, 2011) seeks the following reliefs:-

(2.) The petitioner inspite of averments aforesaid did not implead the persons alleged to have unauthorizedly grabbed the land and unauthorizedly constructed thereon as parties to the petition.

(3.) Notice of the petition was issued. The persons in occupation of the land applied for impleadment and have filed their counter affidavit claiming title thereto. The respondent no.3 DDA has also filed a counter affidavit pleading that the land is partly acquired and partly un-acquired; that physical possession of the acquired portion also was never handed over by the Land Acquisition Collector to the respondent no.3 DDA due to pendency of writ petition relating to challenge to acquisition; that physical possession could not be handed over also for the reason of the land being only partly acquired; that in the writ petition filed, challenging the acquisition there was an interim order restraining demolition of unauthorized construction; that vide Notification dated 3 rd June, 2010 a part of the land was de-notified; that there is civil litigation before the Civil Court between the petitioner and the persons in occupation; that in view of the said civil proceedings another writ petition being W.P.(C) No. 10524/2006 filed by the petitioner against the respondent no.3 DDA was disposed of; that respondent no.3 DDA was not entitled to take any action with respect to the land owing to the National Capital Territory of Delhi Laws (Special Provisions Act), the land being part of a unauthorized colony under regularization.