WAZIRPUR BARTAN NIRMATA SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of objections dated 18.09.2006 and applications bearing CM Nos. 10710/2006 and 10711/2006. CM No. 10710/2006 has been preferred by the applicants for impleadment and for seeking certain directions while CM No.10711/2006 has been moved for interim stay. In brief, the case set up by these applicants is that they claim themselves to be owners in possession of super structures situated at Ghat No.6, Kudasiya Ghat, Bela Road, Delhi and they felt threatened of dispossession and demolition of their structures from the officials of DDA who have been taking various steps for the clearance of encroachments on the embankment of river Yamuna and all the illegal structures coming within the radius of 300 mtrs. from the edge of river Yamuna pursuant to various directions given by this Court. The main grievance of the applicants is that they cannot be equated with the illegal encroachers as they are rightful allottees under the lease and have raised various structures under the sanctioned plans.

(2.) Vide order dated 31.08.2006 we had directed these applicants to approach the Convener of the Yamuna - Removal of Encroachments Monitoring Committee and the said Committee was directed to communicate their decision within a period of three days after giving hearing to the applicants as well as the DDA. Pursuant to these directions, the hearing was given to the applicants by the Committee headed by Hon'ble Ms. Justice Usha Mehtra (Retired) on 01.09.2006 and 04.09.2006 and the Committee had authorized the Convener to pass appropriate orders. The Convener of the Committee vide order dated 05.09.2006 gave time to these applicants upto 12.09.2006 to demolish and remove the super structures existing on Ghat No.6, Kudasiya Ghat, Bela Road, Delhi after determining the status of the applicants as that of unauthorized occupants and encroachers. The said order of the Convener was filed along with the 7th Report of the Committee which finds place at pages 765 to 768. Feeling not satisfied with the said order of the Convener of the Committee, the applicants approached this Court with a request that some more documents are in their possession which they wanted to place before the Committee and, therefore, they sought fresh hearing of the Committee for consideration of their case. Vide order dated 07.07.2006 this Court allowed the said request of the applicants and directed the Committee to reconsider the matter after taking into consideration the fresh documents being relied upon by the applicants. Pursuant to these directions the Committee gave re-hearing to the applicants on the basis of certain fresh documents which the applicants claimed to have obtained after the passing of the previous order dated 05.09.2006. Personal hearing was given by the Committee to the applicants represented through their counsel, Shri Vivek Singh on 11.09.2006. Even after perusing these fresh documents produced by the applicants and after examining the relevant records of Land and Development Office the Committee reached to the conclusion that no case is made out by the applicants to review their earlier decision dated 05.09.2006. However, the Committee after hearing the parties has passed a detailed order dated 13.09.2006 which is filed by the Convener of the Committee along with its 8th Report. The said order finds at Page Nos. 781 to 788 of the main file.

(3.) The applicant is still not satisfied with the order passed by the Yamuna - Removal of Encroachments Monitoring Committee and has filed objections against the orders passed by the Committee on 05.09.2006 and 12.09.2006/13.09.2006.