DDA vacant land repossession in Dwarka

DHC April 17 2013 (DDA vacant land repossession)

FOR ACTION ONLY.

Delhi High Court has directed the delhi police to compile and furnish list of encroachments done by religious structures on public land. The authorities are directed to submit this detail before the next date of hearing before the court. Police personnel will be conducting a survey to identify such encroachments and DF should assist the police in identifying such encroachments so that complete and true information is filed before the court for further action. What we learn from previous orders   17th before Delhi High Court.

 

Pursuant to the earlier order of April 8, 2013 , the VC was present in the court.

 

1.       DDA filed an affidavit stating that possession has been taken for 200 acres out of 432 acres as on date.

2.       Due to some court cases quashing some acquisition proceedings, some difficulty is faced.

3.       DDA has promised to explore modern fencing of re-possess land

4.       DDA has promised to take aerial/ satellite maps of the re-possessed land

5.       DDA also will have Geo Station Aerial Survey

Promised court to submit all these in the next date of hearing

 

Court order, full police protection to DDA while conducting this exercise

VC to fix responsibility to the concerned teams

The teams should not be changed as far as possible. If for some reason, if someone is unable to perform, he/she shall be replaced with more efficient personnel

 

On Religious Structures :

 

One affidavit filed by Additional Secretary (Home Department) of NCT stating that the Committee headed by LG held two meetings and submitted copies of the minutes for court’s perusal (appararently, there is one Religious committee formed by DDA and another one parallelly run by LG). DDA committee wrote to Police and Police is stating that the data provided by DDA is not matching with their own findings) – deadlock….

 

Court wanted the Delhi Police stand about law and order problem

 

Also directed LG’s Religious Committee to go ahead with their task and directed police to write to LG within one week, if they have anything to say for which LG Religious Committee shall respond within 2 days.

 

Religious Committee authorised to call for Police records from SHOs on how many religious structures exist on public land and from when.. The whole thing should be placed before the court during next hearing in the form of an affidavit and tabulated information.

 

Next date for this matter is May 22, 2013 at 3.30 pm

 

ACTION ITEM FOR Activists/RWA’s

 

Prepare a note on the unauthorised religious structures cropped up in your knowledge and submit the same to SHO on an urgent basis. We should quote the DHC directions where SHO is asked to submit this information to Religious Committee.

 

The SHO and team will do manipulation on the records which they may forward for Religious Committee’s review and knowing the police, they will deliberately withhold information.

 

Complaining to DDA will be no use hence High Court direct the LG’s RC to take the lead. The scene on this subject today is :

 

ANY RELIGIOUS UNAUTHORISED STRUCTURE WILL BE SURVEYED BY LOCAL POLICE AND SUBMIT THE INFORMATION TO LG’S RELIGIOUS COMMITTEE.

LG’S RELIGIOUS COMMITTEE WILL IN TURN SUBMIT THE SAME BEFORE COURT (THROUGH ADDL HOME SECRETARY) BY WAY OF AN AFFIDAVIT

BASED ON THIS DATA, COURT WILL DIRECT DDA (WITH THE HELP OF POLICE), DEMOLISH THE ILLEGAL STRUCTURE AND RE-POSSESS THE LAND.

 

WP (C) No. 7057 of 2005 Page 1 of 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
SB-1
+ W.P. (C) No. 7057 of 2005
COURT ON ITS OWN MOTION ….. Petitioner
Through: Mr. Bhagat Singh and
Mr. Vidit Gupta, Advocates.
versus
DELHI DEVELOPMENT AUTHORITY & ORS. ….. Respondents
Through: Mr. Sanjay Poddar, Senior Advocate
with Mr. Sanjay Kumar Pathak,
Advocate for L&B Deptt. & LACs
with Mr.Dharam Pal, Secretary (L&B) &
Secretary (Revenue)
Mr. G.P. Srivastava, Legal Advisor
Mr. Vinay Kumar, Addl. Secy. (L&B)
Mr. Ajay Kumar, LAC (South East)
Mr. Ranjeet Singh, LAC (East)
Mr. Manoj Dwivedi, LAC(South)
Mr. M.T. Kom, LAC (West)
Mr. Shamim Akhtar, LAC (North)
Mr. S.S. Parihar, LAC( North West)
Ms. Sujata Kashyap, Advocate
for GNCTD.
Mr. Ajay Verma, Advocate for DDA
with Mr. S.N.Gupta, Director (LM),
Mr. V.S. Tomar, Director (Systems),
Mr. Brijesh Mishra, Commissioner
(LM).
Mr. S.D. Sharma, Senior Law Officer
(LM).
Mr. G.P. Singh, Addl. Secy. (Home
Department)
Mr. Diptivilasa, Vice Chairman, DDA
WP (C) No. 7057 of 2005 Page 2 of 10
CORAM: HON’BLE DR. JUSTICE S. MURALIDHAR
HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 17.04.2013
1. Pursuant to the order passed by the Court on 8th April 2013, Mr. Diptivilasa,
Vice Chairman (‘VC’) of the Delhi Development Authority (‘DDA’) is present
in Court.
Vacant lands of the DDA
2. The DDA has tendered an affidavit dated 16th April 2013 in the Court of the
Director (Land Management), DDA. It is explained that subsequent to the filing
of the pervious affidavit dated 28th February 2013, possession of further 3.05
acres of land was obtained by DDA, thus thereby raising the total land of which
possession was taken over as 200.37 acres out of the total extent of 432.66
acres of the land stated to be vacant at the site as also from out of the other
categories. The break-up of the lands that have been taken over by DDA is as
under:
Vacant land : 119.05 acres
Land forming part of unauthorised colonies : 8.26 acres
Other built up lands : 73.06 acres
WP (C) No. 7057 of 2005 Page 3 of 10
3. As a result of the joint survey undertaken with the Land Acquisition
Collectors (‘LACs’), it has been found that 137.78 acres of land, out of the
432.66 acres of land that was earlier shown as vacant by the LACs has been
found to be built up at site. After accounting for the land of which possession
has been taken and that has been built up, there is a balance of approximately
175.83 acres of land remaining. It is now stated that the joint inspection of 13
South Delhi villages has revealed that acquisition proceedings in respect of
large tracts of land have been quashed by the Division Bench (‘DB’) of this
Court. As regards the other villages, a schedule has been drawn up for
conducting of joint survey and taking possession. The schedule has been set out
for South East Delhi in para 10 and for North Delhi in para 13. As regards the
joint survey of village Satbari, it is stated in para 12 that a joint team of revenue
officials of DDA and the concerned LAC visited village Satbari on 11th April
2013 and took possession of 4 bighas and 16 biswas of land. It was found that
the land acquisition proceedings in respect of the remaining land have been
quashed by this Court. Certain other joint surveys fixed for 15th, 19th and 28th
March 2013 could not be carried out due to the revenue officials not attending.
In respect of Narela, it is stated that the revenue record showed that the
WP (C) No. 7057 of 2005 Page 4 of 10
possession of the land had already been obtained by DDA in 2005-2006 and the
other khasra nos. were found under unauthorized occupation of Mansa Devi
temple.
4. The progress of the joint surveys and taking possession of the lands is totally
inadequate, considering the total extent of land belonging to DDA which has
not come into its possession is over 15,000 acres. Of this extent, the Court has
been focusing, for more than a year now, on how DDA can recover the lands of
a relatively small extent of 432.66 acres which were stated to be ‘vacant’ land.
5. The VC, DDA, assures the Court that he will be constituting teams of 2 to 3
DDA officials to conduct joint surveys with the LACs concerned and take
possession of as much of the lands of DDA which can be taken possession of.
He states that he himself will monitor the joint surveys and call for reports from
the teams on the same evening of every such joint survey. He further states that
he will ensure simultaneous deployment of teams for fencing of DDA’s land.
Modern fencing techniques will be explored. Importantly, the aerial/satellite
maps, the aks sijra and the rough sketches of the lands of the DDA of which
possession is taken will be prepared simultaneously. DDA will also have Geo
WP (C) No. 7057 of 2005 Page 5 of 10
Station Aerial Survey maps prepared of the areas taken possession of and place
them before the Court with an affidavit by the next date. The said maps will
indicate the exact location with coordinates. In addition, the ground map will
show the boundaries with description, and the exact extent of land with
measurements. It is reiterated that a videograph and photographs will be taken
of the entire exercise. It may be mentioned at this stage that DDA has today
shown the video of the exercise undertaken in village Satbari on 11th April 2013
and has also placed photographs of the lands of which possession were taken
earlier. Much needs to be done to install a proper fencing and also complete
fencing where it has yet not been completed. The VC, DDA assures the Court
that this exercise will be undertaken in right earnest.
6. DDA will be extended full police assistance if it seeks such assistance, to
ensure that the possession of lands and the fencing of lands take place without
any hindrance. The VC, DDA will ensure that the teams constituted by him to
undertake the exercise work with a sense of responsibility. They will ensure
that the lands of the DDA that are recovered are properly protected. The VC
will fix the responsibility on the concerned teams for ensuring this. As far as
possible, the teams should not be changed except where they are unable to
WP (C) No. 7057 of 2005 Page 6 of 10
perform in the manner expected of them, in which case they should be replaced
with more efficient personnel.
7. The Court would like to emphasise that a very large extent of land of DDA
remains to be recovered and no time can be afforded to be wasted. The efforts
of the joint teams of the LACs concerned and the officials of DDA fixed for a
particular date should not be a futile effort. The VC, DDA must monitor the
situation and ensure that the targets fixed for taking possession of DDA’s land
are met on every date.
Religious structures:
8. An affidavit has been filed by the Additional Secretary (Home Department),
Government of National Capital Territory of Delhi (‘GNCTD’). It is stated that
the meetings for the Religious Committee headed by the Lieutenant Governor
(‘LG’) were resumed pursuant to a note dated 23rd October 2012 of the LG.
Two meetings of the Religious Committee have been held on 18th January 2013
and 20th March 2013. The minutes of the said meetings have been enclosed
with the affidavit.
WP (C) No. 7057 of 2005 Page 7 of 10
9. It is stated that a letter has been written on 13th March 2013, followed by a
reminder dated 10th April 2013, to the Special Branch, Delhi Police requesting
it to furnish “detailed information” in respect of DDA’s letters dated 11th
January 2013, 15th February 2013 and 21st February 2013. It is stated in para 8
of the affidavit that the cases referred to the Religious Committee by the DDA
will be placed before the Religious Committee “as soon as the report of Special
Branch of Delhi Police is received.”
10. The Court would like to observe that the input of the police is required on
the aspect of law and order. In response to a query by the Court as to the nature
of information sought from the Delhi Police by the Religious Committee, the
Court was informed both by Mr. G.P. Singh, Additional Secretary (Home) as
well as the Principal Secretary (Home) that in the past there were instances
where the information furnished by the DDA was different from the
information later gathered by the police as regards the nature, extent and
location of encroachment. However, no such particular instance has been cited
in the affidavit or pointed out to the Court. There was no need for the Religious
Committee to have further sought information from the Special Branch of the
Delhi Police in regard to the information furnished to it by DDA on the aspects
WP (C) No. 7057 of 2005 Page 8 of 10
of the extent, type and location of encroachment. A reference to the Special
Branch of the Delhi Police in this regard will inevitably delay the matter
further.
11. Consequently, the Court directs that the Religious Committee need not wait
for the report of the Special Branch of Delhi Police as regards the information
furnished by the DDA. If the Religious Committee requires any further
clarification or confirmation, it can write to DDA or LAC within one week
from today and such information will be provided to it by the DDA or LAC
within two days thereafter. The Religious Committee will meet within next ten
days to consider the letter written to it by the DDA on 27th February 2013. The
Additional Secretary (Home Department) will place on affidavit the decision of
the Religious Committee thereon by the next date.
12. Additionally, the Religious Committee will immediately call for the reports
from the Station House Officers of the concerned police stations within whose
jurisdiction the lands belonging to DDA, as mentioned in the letter dated 27th
February 2013, are located, to inform the Religious Committee as to how many
unauthorised religious structures exist on such lands and since when. The
WP (C) No. 7057 of 2005 Page 9 of 10
information be tabulated and placed on affidavit by the Additional Secretary
(Home Department), GNCTD by the next date.
Section 48 of Land Acquisition Act, 1894
13. The affidavit dated 16th April 2013 filed by the Secretary, Land and
Building Department (‘L&B Department’), GNCTD has been perused. The
current status of the applications made for de-notification under Section 48(1)
of the Land Acquisition Act, 1894 awaiting the decision of the Denotification
Committee and of the LG has been enclosed as Annexure R-4 to the affidavit.
14. Mr. Sanjay Poddar, learned Senior counsel appearing for L&B Department,
GNCTD informs the Court that of the 127 cases that were pending
consideration, 49 cases were taken up by the Denotification Committee at a
meeting held on 15th April 2013. Of these, 24 cases have been recommended by
the Committee for rejection and are awaiting final decision of the LG. As
regards 24 cases, letters have been written to the DDA for certain information.
15. Mr. Ajay Verma, learned counsel for the DDA, states that the said
information will be provided by the DDA to the Denotification Committee
within two weeks from today.
WP (C) No. 7057 of 2005 Page 10 of 10
16. Mr. Sanjay Poddar states that the Denotification Committee will meet once
in a month and dispose of all the remaining applications within a period of two
months from today. The Court directs the Denotification Committee to
definitely have one meeting before the next date of hearing. The L&B will file
an affidavit before the next date updating the status of pending applications.
17. List on 22nd May 2013 at 3.30 pm.
18. A copy of this order be given dasti under the signature of the Court Master.
S. MURALIDHAR, J
RAJIV SAHAI ENDLAW, J
APRIL 17, 2013
tp

 

About the author

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.