LAWS(DLH)-2013-1-453

KHUSHI SEVA SANSTHA (REGD) Vs. STATE & ORS

Decided On January 16, 2013
Khushi Seva Sanstha (Regd) Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) Alleging encroachment and illegal construction in the Greenbelt of Khasra No. 225 situated in Village Arakpur Bagh Mochi, Delhi, belonging to the Government and particularly alleging construction by respondent nos. 5 and 6 on the wall adjacent to a monument, the petitioner has sought direction to respondent no.2 DDA and respondent no.3 Municipal Corporation of Delhi to forthwith demolish the structure and remove the encroachment on the aforesaid government land. The petitioner has placed reliance upon the order dated 28.4.2003 passed by the learned Single Judge of this Court in W.P(C) 39214/2002 titled Smt. Shakunta Narang vs. DDA and others, inter alia, directing as under:

(2.) Relying upon the aforesaid order, it is submitted by the learned counsel for the petitioner that the respondent DDA was, in compliance of the aforesaid order, required to remove whatever encroachment and unauthorized construction existed in Khasra No. 225 situated in Village Arakpur Bagh Mochi, Delhi as also the unauthorized construction which has been raised thereafter.

(3.) The learned counsel for the respondent no.2 DDA has submitted that a representation was received from the Villagers of Village Arakpur Bagh Mochi, Delhi seeking regularization of their colony and on that representation, the following order was passed by the Lt. Governor: