KANWAR BHAN AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition has prayed that Secretary, Land and Building, NCT of Delhi and Delhi Development Authority should demarcate and ascertain the extent of the public land encroached upon by M/s. New Friends Cooperative House Building Society and Shri Ajay Kumar Latyan, respondent Nos.5 and 6 respectively and Municipal Corporation of Delhi be directed to restore the sewer line of Bharat Nagar Colony passing though Plot No.C-773, adjoining Bharat Nagar as shown in the plan filed with the petition. The prayer has also been made for a direction to respondent No.4, Municipal Corporation of Delhi, not to issue occupancy certificate and completion certificate in respect of any construction on Plot No.C-773, if plot No.C-773 or a part thereof is found to be under the management and control of respondent/DDA.

(2.) Brief facts to comprehend the disputes between the parties are that the petitioners are the residents of Bharat Nagar Colony which was regularised and according to them marginal changes were made for the regularisation plan which, however, did not affect the properties of the petitioners and the sewer line which passed through the plot No.C-773. The petitioners emphasized that the sewer line of Bharat Nagar Colony passes through Plot No.C-773 and this raises a presumption that the plot No.C-773 was not a part of the land allotted to M/s. New Friends Cooperative House Building Society.

(3.) According to the petitioners Nazul land was allotted to respondent No.5, M/s.New Friends Cooperative House Building Society in the year 1962-63. The said society also purchased some freehold land from the residents of village Khizarabad and Bharat Nagar. According to petitioners, on account of various irregularities and land grabbing and various acts of commission and omission, society was superseded and an Administrator was appointed. Petitioners contended that there colony, Bharat Nagar, came up on the freehold land of village Khizarabad particularly Khasra No.38 and 39 which were regularised in 1961-62 by Municipal Corporation of Delhi as the said colony was one of the 102 colonies which were regularised for the first time in Delhi. On regularization of Bharat Nagar, its residents have paid development charges for laying of sewer line and for providing water and electricity to the Municipal Corporation of Delhi. The sewer line which was laid passes through a portion of plot No.C-773 which is claimed by respondent No.5 to have been allotted to one of the members. According to petitioners, the House Nos.20-B, 98-A/1 is in the regularized layout plan of Bharat Nagar comprising of Khasra No.38 of Khizarabad. Despite the said houses being within the regularized layout plan, they were demolished partly by Delhi Development Authority without any notice and without following any legal process. According to the petitioners, a portion of plot no. C-773 was also demolished. The plea of the petitioners is that the sewer line of the Bharat Nagar Colony had a natural flow towards plot No.C-773 and it got choked creating water logging in Bharat Nagar Colony and caused health hazards. Water logging on the land became apparent and visible in 1994 when respondent No.6 took up the construction of a building with a basement on Plot No.C-773. According to petitioners, the building construction was carried out under the protection of the local police and with the help of muscle power of respondent Nos.5 and 6. According to the petitioners, the building plans were sanctioned in the name of B.R. Verma, a resident of Gurgaon, for plot No.C-773. According to them, the plan has been sanctioned for plot no. C-773 without ascertaining and verifying the title of the said plot. The building sanctioned plan has been challenged by the petitioners on the ground that it incorporates a part of Bharat Nagar also. Petitioners also referred to order dated 6th September, 1994 passed by Shri Rakesh Garg, Civil Judge, for demarcation but according to petitioners no demarcation has been done.