VILLAGE KISHANGARH WELFARE ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application by the petitioner seeking restraint against DDA from interfering with the peaceful possession of the members of the petitioner from their houses/built-up structures particularly the vacant plots situated in the colony known as JNU Road, Village Kishan Garh, Village Kishan Garh, New delhi, in the interest of justice. The petitioner filed the present petition seeking direction to DDA from not carrying out demolition and/or taking possession and dispossessing the members of the petitioner from their houses/built-up structures forming part of colony known as "jnu Road, Village Kishan Garh", Village Kishan Garh, New Delhi and also direction to DDA not to interfere with the peaceful possession of the members of the petitioner association.

(2.) THIS court by order dated 26th December, 2008 directed the petitioner to file details of constructions/plans of the individual members and their property numbers within one week. By order dated 7th January, 2009, this Court again directed the petitioner to file details of construction/plan of individual members and the property number. Though the counsel for the petitioner had insisted that the details of individual members and property numbers are indicated at Annexure P-2, however, it was held that since the petitioner has not furnished the details of the construction/plan of the individual members. Therefore, the petitioner sought more time to file the plans of the existing construction in respect of each and every individual of 999 members of the petitioner society. The petitioner was directed to file individual affidavits of the members' undertaking that they will not carry out any construction beyond what is indicated in the plans submitted by them. DDA was also directed to verify the existing construction in terms of the plan. On these undertakings of the members of the petitioner which was to be filed, the counsel for DDA had stated, on instructions that demolition action shall not be taken against the existing construction at the site. It was further clarified that in respect of fresh encroachment or construction, DDA will be entitled to take action of demolition as per law.

(3.) DESPITE the undertaking given on behalf of members by the petitioner to file the plans showing the existing construction and an affidavit of undertaking by all the members, only 25 members out of 999 members filed the plans and undertaking. These plans and undertaking though should have been filed before the Court, however, the petitioner filed them before the respondent/dda. The petitioner, thereafter, had filed another application being CM No. 5910 of 2009 seeking more time to comply with the order dated 7th January, 2009 which was disposed of on 4th May, 2009 with the direction to the petitioner to have an undertaking and maps/site plan filed in terms of the order dated 7th January, 2009 within a period of one month. It was also clarified that in case the undertaking and maps/site plans are not filed within one month, the said order will not operate to the advantage of the said persons and DDA will be at liberty to take action as per law against the persons who will not file undertakings with the site plans/maps showing the existing constructions.