SHYAM SUNDER MAHESHWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have in this writ petition sought quashing of notices Annexure P12 (Colly.) dated 18.10.1999 issued by Assistant Engineer-III, P.W.D., Division-XIV, Delhi informing the petitioners that they had unauthorisedly occupied land of Ring Road, Phase-Ill belonging to Public Works Department. After the aforementioned notices were received by the petitioners, they on 27.10.1999 sent similar reply Annexure P13 (Colly.) pointing out that 150 ft. wide land has been acquired for construction of Ring Road so far under the provisions of the Land Acquisition Act from Raja Garden Chowk towards Maya Puri Chowk. The petitioners by making reference to various acquisition proceedings, which had taken place, asserted that they were not in unauthorised possession of any part of the Government land. The total acquired land for Ring Road width was only 150 ft. The land in their occupation was beyond the acquired width and unless further 60 ft. width was acquired under the provisions of the Land Acquisition Act, the same cannot be treated as Government land. Under apprehension that the Public Works Department Authorities were considering land in their occupation to be part of the road, when the petitioners were threatened of being dispossessed have the writ petition seeking the following directions:

(2.) The nature of the case set up by the petitioners and the stand taken by the respondents, require, one consideration i.e. the identity of property that whether it forms part of the acquired width of the road or is beyond the acquired width of the road. Demarcation was stated to have been carried out during pendency of this petition on 27.2.2001, as per the orders of A.D.M. (West), which was relied upon by the respondents. When the petition came for consideration on 24.7.2002, it was noticed that there was dispute as regards the manner in which demarcation had been carried out that it was not in consonance with the procedure applicable.

(3.) At this stage, it may be mentioned that dispute is with respect of land comprised in Khasra No. 1435 of Revenue Estate Basi Darapur, Delhi. Noticing different stand of the parties as also the fact that in earlier acquisitions land had been acquired and a part of the land had been left out to be acquired, over which the petitioners were claiming title, an elaborate order was passed on 24.7.2002 directing demarcation to be carried out by a nominee of the Divisional Commissioner, Government of National Capital Territory of Delhi. In presence of learned Counsel for the parties, order was passed directing Divisional Commissioner to nominate a person, well versed in carrying out demarcations, to identify the land, which was in occupation of the petitioners, with specific directions that the Local Commissioner will locate on the spot land comprised in Khasra No. 1435 and while carrying out demarcation the Local Commissioner will also record statement of the affected parties including their objections, if any, and will submit his report to the Court accompanied with plan and copy of Musavi.