Full Judgment Text
Neutral Citation Number: 2023:DHC:3403
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
% Decided on: 1 May, 2023
+ W.P.(C) 14520/2022 & CM APPL. 44400/2022
YUDHVEER YADAV ..... Petitioner
Through: Ms. Jyoti Nambiar, Advocate
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Tushar Sannu, Advocate
for GNCTD with Mr.Devvrat
Tiwari, Advocate
(M:9911991166)
Mr. O.P. Sayyal, SDM Alipur
Office
Mr. Sanjay Katyal, Standing
Counsel for DDA along with
Mr. Nitin Mishra, Mr. Nihal
Singh, Advocates
(M:8920345880)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
W.P.(C) 14520/2022 & CM APPL. 44400/2022
1. The present writ petition has been filed on behalf of petitioner
against the restrainment order as passed by the respondents.
2. The property of the petitioner is stated to be situated in Khasra
No. 146 (12-06), village Shahabad Daulatpur, Delhi.
3. On the other hand, on behalf of respondent No.1, Mr. Tushar
Sannu had filed a short affidavit earlier, wherein it is clearly stated
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:17.05.2023
11:38:47
W.P.(C) 14520/2022 Page 1 of 3
Neutral Citation Number: 2023:DHC:3403
that the action taken on behalf of respondent Nos. 1 and 2 is in Khasra
No. 192 (8-3) and Khasra No. 193 (1-3). Thus, it has been stated very
clearly on behalf of respondents that no action has either been taken in
Khasra No. 146 (12-06), village Shahabad Daulatpur, Delhi, nor are
there any instructions in that regard with respect to taking any action
in the Khasra number under the ownership of the petitioner.
4. The short affidavit as filed on behalf of the respondents in this
regard reads as under:
“… … …
7. That, the Restrainment Order dated 19.09.2022
and Demolition Order dated 22.09.2022 were related to
the Sarker Daulatmadar/ Acquired Land bearing
Khasra No. 192 (8-3) and 193 (1-3) situated in village
Sahabad Daulatpur, Delhi and did not pertain to
Khasra No. 146 (12-06) as claimed by the Petitioner in
his Writ Petition.
8. That, it is further stated that Respondent No. 1 & 2
have not taken Demolition action against construction
situated in land bearing Khasra No. 146 (12-06).”
5. In support of the submissions, pursuant to the directions of this
Court vide order dated 05.12.2022, a copy of the site plan/ Aks-Sizra
has also been filed on behalf of the respondents. In the said site
plan/ Aks-Sizra, it has clearly been shown that the action that has been
taken by the respondents is on the area which has been marked in
Orange in Khasra No. 192 (8-3) and 193 (1-3).
6. The area under the ownership of the petitioner viz. Khasra No.
146 (12-06) village Shahabad Daulatpur, Delhi has been shown in
Pink color in the said site plan. Thus, it is submitted on behalf of the
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:17.05.2023
11:38:47
W.P.(C) 14520/2022 Page 2 of 3
Neutral Citation Number: 2023:DHC:3403
respondents that no action is being taken or sought to be taken as no
restrainment order has been passed with respect to the property of the
petitioner.
7. In view thereof, it is clear that the prayers as made by the
petitioner stands satisfied as there is a clear statement made on behalf
of the respondents that no action has been taken or sought to be taken
against the property of the petitioner.
8. In view of the aforesaid, the present writ petition along with the
application is disposed of, recording the aforesaid submissions made
on behalf of the respondents.
MINI PUSHKARNA, J
MAY 1, 2023
au
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:17.05.2023
11:38:47
W.P.(C) 14520/2022 Page 3 of 3