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$-21 and 22 HIGH COURT OF DELHI
W.P.(C) 7370/2014
SHRJBALBIR & QRS.
Through:
Through:
HARDEEP KAUR
Through:
Petitioners Ms.PremaPriyadarshini, Advocate Respondents
Mr.Bhagwan Swamp Shukla, Adv for UOI.
Mr.Satyakam, ASC for R-2 and 4 Mr.Ashok Kashyap, Adv for R-5
Mr.Sanjeev Sabharwal, Adv for DDA Petitioner
Through:
Respondents Mr.Vikas Mahajan, CGSC for UOI Mr.Naushad AhmedKhan, ASC for
R-2 and 4 Mr.Kush Sharma, Adv for DDA
10.05.2016
ORDER
1. Learned counsels for the respondent submit that in similar matters bearing Writ Petitions (Civil) Nos. 313-19/2005, 3818/2014, 3846/3014 and 7372/2014, this Court has disposed of the writ petitions on various grounds inter alia that the issues raised in the writ petitions are barred by principles 2016:DHC:8884 in writ O resjudtcataand d.spntedquestionsoffactscannotbeadjudicated ptoceedtngs. Th.sCourtfirrtherheldthattherespondentshallcompletethe co«onof200ftwideroad in accordance withtheregularisation plan eevamportionofthejudgmentdated[7].10.2015isreproducedherein: regulIri°MoTnl"^°'^''T''^" ""PP"''''"''^at even the s^isafm/id T" itself aZniZhZ f HMJSanjay to ofrlf I'"" carriedoutonthe basis of regularisation plan and further that whatever encroachmentfalls within the200ftwide road beremoved n thesaidorderithadbeen emphasisedthatby wayofthe regularisation plan only a residential colony had been regularised and not commercial encroachment on the ^ proposedroad.
7. Learned Judge had also pointed out that there was also an element ofpublic interest involved in the present proceedings.
8. Consequently, this Court is ofthe opinion that the issue raised in the present writ petitions are barred by principles ofresjudicata.
9. Asfarasthefactualdisputes,i.e., whethersurveyisin accordance with the regularisation plan or whether petitioners or Anand KunjSociety or Gujrawalan Society have encroached upon thepublic land, this Court is ofthe ^ view thattheyare in the nature ofdisputedquestionsoffact which cannotbeadjudicatedin thepresentproceedings.
10. As construction of Ring Road which is a major infrastructural project has been delayed because of the ^ pendingpetitions, allrespondents are directedto cooperate with each other and are directed to complete the construction of200ft. wide road in accordance with the regularisation plan immediately. In the event any demolition is to be carried outfor construction ofthe said road, respondents are directedto take action in accordance with law. With the aforesaid directions. Present batch ofwrit petitions and applications stand disposed ofand all interim ordersstand vacated. Order dasti." ^ 4. 2^^ Learned counselforthepetitionersubmitsthatthepetitionersin the connecte mattershavefiled acivilsuitwhichispending beforethisCourt It.ssubmttted thatthepetitionersinthesemattem bealsogivenlibertyto approach the Civil Court.
3. Thesepetitionsaresquarelycoveredbythejudgmentdated[7].10.2015 pajedintheWritpetitions(Civil)Nos.313-19/2005,3818/2014,3846/3014 and 7372/2014 and are. therefore, disposed of in tenns thereof The petitionersarea.libertytoavailappropriatelegalremediesavailabletothem in accordance with law. Interim ordersstand vacated. Pending applicationsarealsodisposed 5- Copyofthisorderbegiven dastitothecounselforthe partiesunder signatures ofthe CourtMaster. MAY10,2016 J. sv
V.