WPC No.7318/2008 Page 1 11 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7318/2008 VIJAY SHARMA ..... Petitioner Through Mr.Shahzad Khan, advocate. versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through Mr.Rohit Madan, advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R % 11.03.2010 1. The petitioner claims that he is the owner of two plots bearing nos. 27 and 27A measuring 400 sq. yds in Freedom Fighters’ Enclave, vill. Naib Sarai, New Delhi. It is stated that this Colony is an unauthorized colony and is included in the list of colonies which are to be regularized and the respondent-GNCTD has also issued a eligibility slip or provisional regularisation certificate in respect of the said colony. 2. Learned counsel for the petitioner further submits that in some writ petitions, orders have been passed directing, inter alia, that the respondent should not demolish the existing construction and possession of the occupant should not be disturbed. Learned counsel for the petitioner claims that the petitioner is also entitled to the same relief as has been granted to others. It is also stated that some other writ petitions on identical facts are pending in this Court. 3. By Order dated 17th October, 2008, the petitioner was directed to file on record photographs to show the nature and extent of construction, if any, existing on the said plots. The petitioner has filed photographs along with an affidavit. A bare perusal of the photographs WPC No.7318/2008 Page 2 reveals that only a small brick hut, which appears to have been recently constructed, exists on the plots. The brick hut has only one open door and window without any shutters. The photographs further reveal that there is vegetation all around and plants/bushes have grown. The plots and the hut are therefore not inhabited and in use. 4. The respondent-GNCTD has filed counter affidavit stating that the aforesaid plots fall in Khasra no.96 Min which belong to Gaon Sabha and therefore the respondent are entitled to reclaim and take custody of the said land. It is stated that the petitioner cannot encroach upon the Gaon Sabha land and claim benefit of regularisation. 5. As noticed above, the so called brick hut can hardly be regarded as a permanent habitable construction. There is no door, windows or fixed shutters. There is only one room made of bricks which is not in occupation of any person and is not lived in. The photographs reveal that bushes, shrubs and other vegetation all over. The plots are not occupied and used. Admittedly, the land in question belongs to Gaon Sabha and the petitioner does not therefore have any right, title and interest on the same. The petitioner cannot claim parity with other cases wherein construction is already existing or people are residing. Even if the colony is to be regularized, the respondent will require land for providing public and civic facilities as also green area. In these circumstances, I do not find any merit in the present Writ Petition and the same is dismissed. No costs. SANJIV KHANNA, J. MARCH 11, 2010 P