COL.V. KATJU Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS writ petition filed in public interest seeks the quashing of the allotment dated 18th February, 2002 by the respondent No.1 Delhi Development Authority (DDA) of land admeasuring 321.20 sq.m. "in respect of the designated park situated in H-Block, Saket, New Delhi" in favour of the respondent No.3 Gurudwara Prabhandak Committee and further seeks a direction to the respondent No.1 DDA and respondent No.2 Municipal Council of Delhi (MCD) to demolish the structure existing thereon and remove the encroachment over the said land.

(2.) NOTICE of the petition was issued, though no interim relief granted. Counter affidavits have been filed by the respondent No.1 DDA and respondent No.3 Gurudwara Prabhandak Committee and to which rejoinders have been filed by the petitioner.

(3.) SOON after the filing of the present petition, the earlier petition preferred by the petitioner and certain other residents being CWP 4863/2001, was allowed vide judgment dated 20th November, 2003 with a direction to the respondent DDA to put the land to its original use i.e. of a park and with a further direction to the Vice Chairman of the DDA to hold an enquiry as to how such encroachment and construction was permitted and to submit a report. However being conscious of the filing of the present petition, it was observed in the said judgment dated 20th November, 2003 as under: