AJAY KUMAR SANGHI Vs. DELHI POLICE

JUDGEMENT

(1.) BY this common Order, we will dispose of both the Petitions referred above. The brief facts, as stated in the petitions, are as follows: The Petitioners are owners of land comprised in Khasra No.97 of Tajpul Village on Mathura Road, Delhi. Initially, the Petitions were filed only by Shri Ajay Kumar Sanghi, impleading the other co - owners namely, Shri Akshay Kumar Sanghi, Shri Nitin Kumar Sanghi and Shri Ashwin Kumar Sanghi. Since it was admitted before us that the Petitioner and Respondents No.4 to 6, namely, Shri Akshay Kumar Sanghi, Shri Nitin Kumar Sanghi and Shri Ashwin Kumar Sanghi, claim to be in joint possession of land in question and there was no lis between them as regards this land, we directed transposition of Respondents No.4 to 6 as co - Petitioners. It was alleged in WP(C) 7641/09 that on 7.3.2001, Respondent No.1 Delhi Police entered the property of the Petitioner without any authority of law and refused to vacate the same. From Newspaper Reports, the Petitioner came to know that since Police Station Badarpur needs to be relocated on account of the existing land on which it is situated being required for Commonwealth Games, the Petitioner apprehends that Respondent No.1 intends to erect a Police Station on their property. The prayer made in the Writ Petition No.7641/2009 is to direct Respondent No.1 Delhi Police to vacate the aforesaid property.

(2.) VIDE an interim order dated 20.3.2009, the learned Single Judge restrained the Respondents from disturbing the status quo with regard to the possession of the property and also restrained them from carrying any construction, altering the existing structure or parting with possession.

(3.) RESPONDENT No.1 filed a Reply, contesting the Petition. It was stated in the Reply that the entire land of Police Station Badarpur is required by National Highway Authority of India for construction of elevated highway at Badarpur and instructions were accordingly issued to Respondent No.1 to shift Police Station Badarpur to an alternative location. On enquiry from concerned Revenue Authority, it was revealed that five and a half bighas of land with Gaon Sabha Tajpul under Section 81 of Delhi Land Reforms Act was, available in Khasra No.97, for a Police Station. A request was accordingly sent to Government of NCT of Delhi, to allocate the aforesaid land to Delhi Police for construction of Police Station Badarpur. Vide letter dated 6.3.2009, the land measuring 5 bighas and 5 biswas, comprised in Khasra No.97 of Village Tajpul, was allotted to Respondent No.1, physical possession of the land was also handed over by the concerned Authority to Delhi Police on 7.3.2009 and, therefore, land in question is in exclusive possession of Delhi Police.