RK HIRENKOHOMBA Vs. GS PATNAIK

JUDGEMENT

(1.) THE grievance of the petitioner appears to be that despite the order passed on 20.04.2011 in writ petition No. 2462/2011 issuing directions to the effect that, "If there is any encroachment, DDA shall take appropriate action regard being had to the averments made in the present petition within a period of three months from the date of receipt of the order passed today"; the DDA has failed to demolish and remove the encroachments. This order came to be passed on the allegations, inter alia, that there is an encroachment on the land situated in Khasra No. 560/180, Masjid Kangal Shah Bagh Mochi, Indira Park, DDA land, Dhaula Kuan, New Delhi.

(2.) COUNSEL for the petitioner today says that pursuant to these orders, the DDA has indeed carried out certain demolitions in that area where there is also an ancient Mosque which has been duly notified by the Government of India; in other words, the Mosque in question would not be subject to demolition. His contention is that there is a substantial area behind the Mosque on a part of which a double storey building has also been constructed unauthorizedly. He contends that the authorities are not taking any action with regard to this area or that building for the reasons best known to them.

(3.) IN addition, Mr. Verma, who appears for the DDA, has also relied, in particular, on paragraph 8(i)(b) of an order passed by the Division Bench of this Court on 22.05.2013 in Writ Petition No. 7057/2005, where the directions have been given, inter alia, to the DDA as well as the Chief Secretary, GNCTD to convene a higher level meeting to, inter alia, "finalise the modalities for negotiations with regard to the 34 other unauthorised religious structures as recommended by the Religious Committee. If necessary successive meetings be held within a week to finalilze the action plan and modalities. It is made clear that the modalities must be worked out with a view to ensuring the phased removal of the said 34 unauthorized religious structures and ensuring that the land occupied by them is ultimately handed over to the DDA."