NALINEE VERMA Vs. MCD

JUDGEMENT

(1.) THE present writ petition is filed by the petitioners praying inter alia for directions to the respondent No. 1/mcd and the respondent No. 2, Deputy Commissioner (South), District Mehrauli, new Delhi, to keep open the public street marked in the site plan appended to the writ petition as Annexure-P-1, free from any obstructions or encroachments, and further, to direct the respondents no. 1 and 2 to ensure that the same is not encroached upon or blocked in any manner by any person, including the respondents No. 3 to 5.

(2.) BRIEFLY stated, the facts of the case are that the petitioner purchased the land in Village Dera Mandi, Tehsil-Mehrauli, Delhi on 14. 2. 1985 by virtue of two registered sale deeds. It is stated that earlier in the year 1996, the petitioner merged the purchased strip of land with the existing municipal road, thus widening the road from 2. 5 mtrs. to 5. 2 mtrs. at her costs. It is further stated that the boundary pillars were built and the road was laid and mettled at the site at the petitioner's cost, to be used as a public road, with the petitioner being the major beneficiary of the same.

(3.) COUNSEL for the petitioner draws the attention of this Court to an undated letter (Annexure-P-4) addressed by the predecessor-in-interest of the petitioner to the Gaon Sabha, Village Dera Mandi, tehsil-Mehrauli, Delhi requesting the Gaon Sabha to declare the aforesaid road as a public road. He states that in March, 2003, the respondent No. 3 raised disputes with regard to boundaries of his own plot of land and that of the petitioner and the respondents No. 4 and 5, and expressed his intention to get a demarcation done of his Khasras. Though, the petitioner remained available at the site after receiving a notice of demarcation, but the concerned officers did not present themselves.