Radha Soami Satsang Beas & Anr. v. Govt of NCT of Delhi & Ors

1. The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ/order and/or direction in the nature of mandamus, certiorari or any other appropriate writ or direction for quashing of order dated 28.11.2017, demarcation notice dated 28.11.2017, notice/notification dated 19.02.2018 and 01.03.2018, notice/notification dated 03.05.2018, all issued by respondent No. 2 and for issuance of a writ/order and/or direction in the nature of certiorari or any other appropriate writ for quashing the map and report prepared by M/s. Dhyani Consultants Inc., demolition report dated 17.03.2018 of respondent No. 2 declaring the demolition carried by respondents on 14.03.2018 as null and void besides issuing writ of mandamus directing the respondents to initiate the process of 2018:DHC:3737-DB demarcation of Village Asola, New Delhi as per law and to carry out consolidation of the entire land of Village Asola, Tehsil Saket, New Delhi.

2. Aggrieved by the action carried out by respondent No. 2, learned Senior Counsel appearing for the petitioners submits that the petitioner No. 1 is a legal and absolute owner and in possession of the land measuring 12 Bighas 03 Biswas comprised in Khasra Nos. as detailed in Para 9 (e) of the writ petition. He further submits that the respondent No. 2 carried out illegal demarcation and demolition of the property of the petitioner No. 1 without serving a notice and also violated the stay order dated 23.09.2017 granted by the Senior Civil Judge, Saket, New Delhi.

3. Learned counsel appearing for the respondent No. 2 submits that it is impossible for them to issue notices to each person individually and therefore common public notices have been issued. Notice dated 19.02.2018 was issued by the office of Sub-Divisional Magistrate (Saket), Govt. of NCT of Delhi, M. B. Road, New Delhi with respect to Khasra No. 1517 (17-19), 1528 (8-0), 1752 (103-8), 1750 (170-0), 1573 (1-0), 1748 (28-16), 1736 (11-01) 1735 (0-19), 1746 (36-0), 1744 (25-11), 1728 (131-0), 1354 (25-10), 1348 (11-13), 1435 (43- 05), 1437 (40-17), 1632 (3-11), 1082 (0-11), 1593 (28-5), 654 (8-0), 1552 (23-10), 1479 (3-14), 1547 (5-4), 1576 (19-12), 1740 (5-7), 1742 (4-0), 447 (4-16), 1334 (13-4), 1498 (29-10), 1749 (6-5), 1500 (37- 19), 1506 (17-14), 1495 of Village Asola Tehsil Saket followed by another notice dated 01.03.2018 with respect to Khasra Nos. 1517(17- 19), 1528(8-0), 1752(103-8), 1750(170-0), 1573(1-0), 1748(28-16), 1736(11-01), 1735(0-19), 1746(36-0), 1744(25-11), 1728(131-0), 1354(25-10), 1348(11-13), 1435(43-05), 1437(40-17), 1632(3-11), 1082(0-11), 1593(28-5), 654(8-0), 1552(23-10), 1479(3-14), 1547(5- 4), 1576(19-12), 1740(5-7), 1742(4-0), 447(4-16), 1334(13-4), 1498(29-10) 1749(6-5), 1500(31-19), 1506(17-14), 1495, 1643(32- 15), 1667(38-1), 1668(28-15), 1661(0-15), 1332(58-7), 1601(0-8), 1521(14-9), 1523(32-14), 1590(0-7), 1586(1-12), 1582(1-9), 1510(15- 17), 1490(2-8), 1724(59-06), 1738(0-14), and further notice dated 03.05.2018 with respect to Khasra Nos. 46(1-0), 447(4-16), 1082(0- 11), 1437(40-17), 1435(43-05), 1632(3-11), 1513(08-06), 1517(17-

19) and 1510(15-17) whereby all the encroachers were directed to remove all kinds of encroachments from aforesaid khasra numbers.

4. Learned Senior Counsel appearing for the petitioner No. 1 submits that none of the khasra no. mentioned in the aforesaid notices are within the occupation of the petitioner No. 1 and Khasra Nos. in the possession of the petitioner No. 1 have been detailed in para 9 (e) of the writ petition.

5. It is pertinent to notice that in the notice dated 19.02.2018, it is mentioned that "And whereas, the Supreme Court Monitoring Committee had visited District South in particular village Asola on 19/02/2018. The Committee had made certain observations after seeing the unahthorized/illegal construction on the Govt./Forest/Gaon Sabha land and had directed the District Task Force (district South) to take legal course of action to remove the same and submit action taken report within a week in this regard."

6. Supreme Court Monitoring Committee has not been made a party to the present writ petition. Learned Senior Counsel for the petitioner No. 1 seeks time to move an appropriate application to implead the Supreme Court Monitoring Committee as respondent to the present writ petition. He further submits that there is a threat of demolition on the property of the petitioner No. 1.

7. Learned counsel for the respondent No. 2 submits that he will request the concerned officers to hold their hands till 13.06.2018.

8. List on 13.06.2018.

9. No coercive steps shall be taken by the respondents till the next date of hearing.

10. Dasti under the signatures of the Court Master.

SANGITA DHINGRA SEHGAL, J. C. HARI SHANKAR, J. JUNE 11, 2018 gr