SARVODAYA NAGAR KALYAN SAMITI GHAZIABAD THROUGH ITS SANRAKSHAK Vs. GHAZIABAD DEVELOPMENT AUTHORITY THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) As per the case of the petitioner, members of the petitioner Samiti had constructed 127 houses on the land/plot Khasra Nos. 324, 325, 326, 334, 335, 336, 337, 348, 340 and 321. It is stated that these houses have water, electricity and telephone connections as well. The members of the petitioner are also enrolled in the voters list. The Mayor, Nagar Nigam, Ghaziabad vide order dated 10.5.1998 to the Chief Executive Officer informed that the members of the Samiti are ready to development of the said colony and that the members of the society were ready to deposit the regularisation fee under the scheme dated 19.1.1996 yet the respondents are intending to demolish their houses. Hence this writ petition has been filed praying for a direction to the respondents not to demolish the houses of the members of the Samiti existing on the aforesaid Khasara/plots and to regularise them.

(3.) It is submitted on behalf of the Ghaziabad Development Authority that admittedly the said plots on which 127 houses were constructed was acquired by the Ghaziabad Development Authority for construction of a Girls school but residents of the said society made illegal constructions on the said land for which they have no legal rights and title.