VISHNU GOPAL VASHISHT Vs. DDA

JUDGEMENT

(1.) The petitioner invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking reliefs in the nature of Certiorari or any other writ, assailing the Impugned communication bearing No. F8 (7)/2010/IL/DDA/34 [Impugned communication] dtd. 16/7/2010, whereby, the request of the petitioner for allotment of an alternative site for residential purposes has been rejected/turned down by the respondents/DDA [Delhi Development Authority].

(2.) Shorn of unnecessary details, it is the case of the petitioner that his forefathers settled and constructed their residential houses at 13-Kudsiya Ghat, Bela Road, Civil Lines, Delhi-54 (hereinafter referred to as 'Kudsiya Ghat' for brevity) in the year 1930; and in the same year, his grandfather late Sh. Chiranjee Lal established an Akhara/Vyamshala in that area, which came to be known as 'Paras Ram Dangal Society' post its registration in 1958. Later in the year 1966, the petitioner-Vishnu Gopal Vashisht was born at the aforementioned address and has been living there since his birth.

(3.) It is stated that on 25/8/2006, a special notice came to be issued by the respondent/DDA, thereby informing all the residents of Kudsiya Ghat that the said area and other illegally encroached constructions will be demolished as per the Court's order; and that persons whose names have been enlisted must approach the respondents and present the relevant proof/documents. It is alleged that since the name of the petitioner was not in the list, he tendered all the relevant documents to the two officials from the DDA namely K.P. Malik and J.P. Verma, who conducted a survey on 29/8/2006 and a report was prepared in this regard so as to show that his residence/house was outside the ambit of the so called 'illegally encroached areas/constructions' as declared by the respondents/DDA.