Mirza Zaheeruddin and Anohters v. Union of India and Ors

O R D E R %

07.11.2024

¶1Present public interest petition has been filed seeking issuance of directions to demolish illegal and unauthorized structures like khokha, redi, jhuggi, pakka structure of residential and commercial accommodations, mobile tower, vehicle parking, etc. raised over public land/property bearing

(i) Plot No. l Khewat No.75/289 Khasra No.1294/630 admeasuring 3 bigha 6 biswa (ii) Plot No.2 Khewat No.290 Khasra No.1736/376 admeasuring 1 This is a digitally signed order. bigha 4 biswa (iii) Plot No.3 khewat No.291, Khasra No.1728/627 admeasuring 1 bigha 4 biswa, Village Khureji Khas, Shahdara, Delhi-110032.

¶2Learned counsel for the Petitioner states that the subject property was acquired by LAC by making a declaration under Section 4 of the Land Acquisition Act, 1894 vide notification dated 13th November, 1959. He states that due to illegal and unauthorized construction, the entire green belt area, drainage, public road and public property have been damaged at the hands of encroacher and public authorities.

¶3He states that the Petitioners made a representation/complaint dated 11th January, 2024 to Respondent no. 1 to 4, however, no action has been taken.

¶4Keeping in view the aforesaid, this Court directs the STF to decide the petitioners' representation/complaint dated 11th January, 2024 annexed at page 17 of the paper book in accordance with law as expeditiously as possible. A copy of this order shall be communicated to the STF along with a copy of the entire paper book by learned counsel for the DDA.

¶5With the aforesaid directions, the present writ petition and application are disposed of. The rights and contentions of all the parties are left open. MANMOHAN, CJ TUSHAR RAO GEDELA, J NOVEMBER 7, 2024/ms This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15495/2024 & CM APPL. 65045/2024 MIRZA ZAHEERUDDIN AND ANOHTERS .....Petitioners Through: Mr. B. L. Gupta, Advocate versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Sanjeev Sagar, Standing Counsel and Ms. Nazia Parveen, Advocate for MCD Ms. Namrata Mukim and Ms. Rupali Gupta, Advocates for DDA. Mr. Prashant Manchanda, ASC with Ms. Nancy Shah, Mr. Nimit and Mr. Rohan Pratap Singh, Advocates for R-4 Mr. Santosh Kumar Tripathi, SC with Mr. Rishabh Srivastava, Advocate for R-4/GNCTD CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA