RESIDENT WELFARE ASSOCIATION Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is a petition by the Resident Welfare Association seeking direction to the respondents, Delhi Development Authority, Municipal Corporation of Delhi and Commissioner of Police to remove the encroachment and dispossess the encroachers from the M. M Road and keep the public road for the use of passerby as notified by respondent Nos. 1 and 2.

(2.) THE notices were issued to the respondents and pursuant thereto a short affidavit was filed on behalf of Deputy Commissioner of Police, Central District contending inter-alia that pursuant to the order dated 24th April, 2007 passed by this Court directing the respondents to meet the residents and other office bearers of the petitioner association a meeting was held and in the meeting it was decided that a joint action team will carry out encroachment removal programme on 15th May, 2007 from the Motia khan M. M. Road and it shall be made congestion and encroachment free.

(3.) THE affidavit dated 25th July, 2007 of Sh. Alok Kumar, Deputy Commissioner of Police, Central District, Delhi was filed, thereafter, contending that pursuant to the directions of this Court an encroachment removal and demolition programme was carried out on 14th June, 2007 by a joint action team at service road from the western side of DDA flats Motia Khan upto D. B. G. Road and in the process encroachments by 40 small huts (jhuggis) were removed and the service road had been made clear upto the backside of Hotel King Castle. An action report dated 20th September, 2007 had also been filed on behalf of Municipal corporation of Delhi stating inter-alia that pursuant to the encroachment removal action, all the pucca as well as temporary encroachments from the area in dispute have been removed except two workshops. It was further stipulated that the two workshops will also be removed if found unauthorized after ascertaining the title of the lands of these two properties by works department.