Pramod Talwar v. The Commissioner Mcd and Ors

ORDER F 'Y, ol.to.zolz

¶1'l'he pctitioncr is a resident of Subhash Nagar. IIc is aggricved by thc encroachrncnt macle by rcspondcnt No.6 ovcr tlrc vacant plot bearing ' No.WZ-l/8, Block No.2, Subhash Nagar.

¶2lly the prescnt writ petition, the petitioucr seeks a dircction to the MCD to il':i'::: :lfiji::,'3 ;,:::il:,,:.;::il.',l: ""' and d' n"

¶3It is contcndcd by Mr.Mukul Dhavvan, learned counsel for the petitioncr, '. that thc plot in cluestion is an opcn land as per the Tonal I)evelopment H'.P.(C) 1549/2012 I'uge I of 3 -f- \3 Plan. It is lurther submittecl that respondent No'6 has encroached upon thc public larid, carricd out illcgal and unauthorizcd construction and is now using the alea as a Barat Ghar, is providing other clite services and hugc atnounts are being collected by respondent No'6

¶4Thc lsarnccl counscl for rcspondcnt No.6 subrnits that respondent No'6 is in possession over the plot in question for the past 40150 ycal's and it has bccn utilizing thc land for charitable purposes. Mr.Sapra submits that rcspondcnt no.6 was put into possession by the Gram Sabha. I{espondent no.6 has bcen unable to providc title documents'

¶5A status rcporl has bccn filed by the MCD. As per thc status reporl, Subhash Nagar is a rcsidential colony which was devclopcd ahnost 50 ycars ago by the Land & Dcvcloprnent Office and thc opcn areas were handed ovcr to MCD lbr furthcr rnaintenance of lanes and roads etc.. Iiufther, as per the status report, there is no plot by the municipal nurnbci WZ-IIA, howcver, the land in question is a land earmarked as a vacant plot as pcr the layoul plan of thc L&DO. A copy of the layout plan has been filed.

¶6Although therc are no bases to suggest but the status report states that the Banquet Ilall is opcrational on the first and second floots oI the plot in clucstion and is nndcr thc control of Shri Ram I,ecla Barat Ghar Cornmittce for the past 50 to 60 years. The barat ghar is opcrational in part on the site and rest of the site is being utilized by the Arya Sarnaj Mandir, Post Office and thcrc arc numbcr of shops. It has also been stated that thc MCD hai issucd noticc to thc Prcsident of thc Shri Itarn Leela Ilarat Ghar Comrnittee, calling upon thern to providc relevant documcnts pcrtaining to running the barat ghar, howcvcr, despite repeated notices no clocument has been provided to establish titlc over the land in Aufllion. Copics of noticcs datcd 20.4.2012 and 17.7.2012 have becn anncxcd. 'r' I Puga 2 of 3

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¶7Counsci appcaring on bchalf of respondent No.6 submits that the MCD nr,ust follow duc proccss of law before initiating any action against respondent No.6 and even otherwise disputed questions of facts cannot be dscided in these Proceedings. Mr.Mukul I)hawan, learned counscl for thc petitioner, however, submits that the present writ petition does not raise any disputed questions of fact fior thc rcason that the status repot't clearly shows that the respondent no.6 has failcd to provide any docurnent of title over the land in qucstion which is shown as a vacant plot as per the layout plan of the L&DO. I,ct thc MCD inspcct thc properly in question and in casc of cncroachment over public land and/or unauthorized construction ovcr the vacant plot or the propcrty is being put into illegal usc, MCI) will after following due proccss of law takc nccessary steps in accordancc with law with tcspcct to thc subjcct propcrtl, aflcr issuing a show cause noticc to rcspondent No'6' Thc MCD will also considcr as to whether the activities which arc bcing carricd out by rcspondcnt No.6 are itr accordance with thc master plan and zorral clevcloprncnt plan of the area. It is cxpected that the MCD will initiatc action in accordancc with law cxpcclitiously-The writ pctition and all the pendilg applications are, accordingly, clisposccl of. Intcrim order stands vacated. E_s.s.*.f* -' G.S.SISTANI, J ocToBEIt 01,2012 SV

¶10?a tv.P.(q 1s49/20t2 I'agc 3 of 3

s-22 {. IN T[II' HIGI{ COURT OF DELHI AT NEW DELHI i w.P.(c) lsrstzorz PRAMOD TALWAR ""' Pctitioner . Through: Mr'Mukul Dhawan, Adrrocate , VCI'SUS 'ftili COMMISSIONIIR MCD AND OI1S ..... Respondents 'fhrough: Ms.Manjira I)asgupta, Adv for respondents No.I and2. Ms.Navratan ChaudharY, Adv for > ItcsPondents No'3 and' 4 Mr.Amiet AndlaY, Adv for R-5. Mr.Anil SaPra, Sr. Advocate with , . Mr.Nishant Datta and Ms.Sampath Sudha, Advocacs for I{-6 SI Goving Singh, PS Rajouri (iarden ' (Dclhi Police) ASI Mukesh Kumar, Rajouri Garden (Tra{fic Police) COIIAM: TION'I}I,E MR. JUSTICE G.S.SISTANI