Full Judgment Text
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
ST
% Decided on: 31 May, 2023.
+ W.P.(C) 7883/2023 & CM APPLs. 30348-30349/2023
SHRI VIJAY SHARMA ..... Petitioner
Through: Ms. Parul Verma and Mr. Anuj
Kumar Garg, Advs.
(M:9999310742,
Email:anuj1advocate@gmail.co
m)
versus
MUNICIPAL CORPORATION OF DELHI AND OTHERS
..... Respondents
Through: Mr. Sanjay Katyal, Standing
Counsel for DDA with Mr.
Nihal Singh, Adv.
(M:8920345880,
Email:sanjaykatyal@yahoo.co
m)
Ms. Mehak Nakra, ASC,
GNCTD with Mr. Abhishek K.,
Adv. for R-2, 3, 7 to 11, 14 and
15, (M:9871144582,
Email:advmehaknakra@gmail.c
om)
Mr. Amit Singh, Adv. for R-13.
Mr. Balendu Shekhar, Mr.
Sriansh Prakash and Mr. Raj
kumar Maurya, Advs. for
CPCB (M:9999666769)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:09.06.2023
16:27:44
W.P.(C).7883/2023 Page 1 of 4
MINI PUSHKARNA, J. (ORAL):
CM APPL. 30348/2023 (Application under Section 151 CPC for
exemption from filing certified copy of the annexures)
1. This is an application under Section 151 CPC for exemption
from filing certified copy of annexures.
2. Allowed, subject to just exceptions.
3. Application is disposed of accordingly.
W.P.(C) 7883/2023 & CM APPL. 30349/2023 (Application under
Section 151 CPC on behalf of the petitioner for directions and
stay)
4. In the present writ petition, the case of the petitioner is that
deceased mother of the petitioner purchased Plot No. 33, measuring
300 Sq. Yds., Village Qadipur, in Radha Park, Sector-2, Delhi vide
registered Sale Deed dated 12.02.1974.
5. It is submitted that deceased 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.
6. It 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.
7. It 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
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:09.06.2023
16:27:44
W.P.(C).7883/2023 Page 2 of 4
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.
8. It 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.
9. Learned 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.
10. Issue notice to respondents.
11. Notice is accepted by learned counsel appearing for
respondents.
12. Learned counsel submits that the representation of the petitioner
shall be dealt with expeditiously.
13. In that view of the matter, the present writ petition is disposed
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:09.06.2023
16:27:44
W.P.(C).7883/2023 Page 3 of 4
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.
14. The present writ petition is disposed of in the aforesaid terms,
along with pending applications.
MINI PUSHKARNA, J
MAY 31, 2023
sc
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:09.06.2023
16:27:44
W.P.(C).7883/2023 Page 4 of 4