Dalip Kumar Sharma v. Municipal Corporation of Delhi and Others

MINI PUSHKARNA, J. (ORAL):

CM APPL. 31276/2023 (under Section 151 CPC for exemption from filing certified copy of annexures)

¶1This is an application under Section 151 CPC for exemption from filing certified copy of annexures.

¶2Allowed, subject to just exceptions.

¶3Application is disposed of accordingly. W.P.(C) 8141/2023 & CM APPL. 31277/2023 (Application under Section 151 CPC on behalf of the petitioner for directions and stay)

¶4In the present writ petition, the case of the petitioner is that mother of the petitioner purchased Plot No. 240, measuring 100 Sq.

Yds., Village Qadipur, in Radha Park, Sector-2, Delhi vide registered Sale Deed dated 08.05.1974.

¶5It is submitted that mother of the petitioner was a member of the registered society of the plot holder owners which is a registered body and known as Radha Park Plot Holder Association Delhi, which is registered with the Registrar of Societies.

¶6It is submitted that taking benefit of the fact that the plot holder owners are the outsiders and not native of the village, the recorded owner in connivance with other persons had executed registered sale deeds in respect of the same land of which earlier registered sale deed was duly executed in favour of the plot owners.

¶7It is submitted that the original owners did not stop themselves here, despite the fact that they had already lost their ownership and every right and title over the land in question. It is submitted that the original land owners have forged other sale deeds using the same title documents, to make a chain thereof and using the same as genuine. Thus, on that basis, the said persons are approaching the Revenue Authorities, Registrar as well as various Courts with false claims relying on the forged documents. Thus, they are cheating by forging the documents and committing forgery using the forged documents, mis-representing them to be as genuine.

¶8It is the case on behalf of the petitioner that he filed complaint dated 23.09.2019 and 02.01.2023 and reminders dated 08.01.2023 and

16.01.2023. Thereafter, the petitioner submitted his representation with the SDM, Alipur, i.e., respondent No.10 dated 29.11.2022. It is submitted that there is no response from the SDM, Alipur, i.e.,

respondent No.10 despite representation dated 29.11.2022 having been given by the petitioner herein. Thus, by way of the present petition, it is prayed that directions may be given to respondent No.10 to adjudicate the representation dated 29.11.2022 filed by the petitioner within time bound period.

¶9Learned counsel appearing for the petitioner submits that the unauthorized construction is still going on in the area in question despite various representations made in this regard.

¶10Issue notice to respondents.

¶11Notice is accepted by learned counsel appearing for respondents.

¶12Learned counsel submits that the representation of the petitioner shall be dealt with expeditiously.

¶13In that view of the matter, the present writ petition is disposed of with directions to the respondents to adjudicate upon the representation dated 29.11.2022 filed by the petitioner within a period of 6 months from today.

¶14The present writ petition is disposed of in the aforesaid terms, along with pending applications.

MINI PUSHKARNA, J JUNE 1, 2023 au

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 1st June, 2023 + W.P.(C) 8141/2023 & CM APPLs. 31276/2023, 31277/2023 DALIP KUMAR SHARMA ..... Petitioner Through: Mr. Anuj Kumar Garg, Advocate (M:9999310742) versus MUNICIPAL CORPORATION OF DELHI AND OTHERS ..... Respondents Through: Ms. Ankita Bhadoriya, Advocate for MCD with Mr. Azad Bansula, Advocate Mr. Balendu Shekhar, Advocate for CPCB CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]