iro 04.04.2fi)3 Present : \ Mohd. Sajicl with Mr. Arun Kaushal, Advocates forthe petitioner. Irdr. Abhilesh Mathur. Advocate for the resgrndent No- 1 / UOL Mr. Malaya Chand, Advocatae fortherespondent No- 2- Mr'. i\t:1 K Bi'iuchar, Advocate for the respondent No- 3 /DDA' I{r. Chetan Dutt with Mr- F..K Yadav- Advocates tbrthe respondent Nb. 4 / kICD. cwP No. 1837tr($3 The petition has been filed by the petitioners claiming to be residents of Jaitpur Extension Part II seeking .a restraint order against the respondents from interfering rvith the possession of the members of the petitioner association till such . time a-s the decision is taken on the issue of regUlarisation of the colon-V- It is stated in the urit gretition that the colonv in question is one of the colonies mentioned in the list of 1071 unauthorised colonies in respect of rvhich *re question of regularisation is pending r:onsideration- Tbe question of regularisation of rhese unauthorised colonies form subject matter of CVY No. 4lllilt)gi rvhere the Division Bench videorder ctated 1?.08.1998 obseryed as under : "InrespectofthemloniesontheGovemmentlandand other- colonies wirich are fiot to be regularisd {or one reason or *te orher, it is high time thar the Crovernment takes a definite decision- Ch'er the v"uti we have passed repeated orden impressine upon the Government that the result of not tafring Cecision is resuking in corruption at various levels- we are not sugge*ing, for the present, rvhether a particular colonv shall be regularised or not but what .se are directing is to talrie a Cefinite decision'and if it is decided oot to regUlarise a panicuiar coion-V then to car-r]' out thal decision to its iogical end h,v demolition action not mere11' demolition.of only few selected houses but the colony as a *-hole-" Despite the aforesaid obser.ration.till date no final decision has been taken on the issue of re.guarlisation. t directions : In vierv of the aforesaid, I consider it appropriate to pass the follou'ing Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared the digital data is as per the physical file Signature Not Verified 1. 2. .n. CW? Nt>. 1837/2003 It will be open to respondents to inspect the colony in question and take all necessarJ steps to protect the open areas of the land- It will be open to respondents to take all necessary action to ensure that no further construction is canjed out by any of the occupants of *re area in questlon. 3- It rvill also be open to the respondents to proceed against any construction can-ied out after 3.11.1997 rvhen an otder rvas passed in CWPNo.4771'1L993 C-ommo.n Czuse & Others Vs. UOI & Cther:, prohibiting any fuittrer construction in their unauthorised coloriies- 4. It is open to the respondents to take a decision on the issue of regularisation and till the issue of regularisation is decided, resoondents shall not aoply the principle of pick and choose amongst the occupants of the colon-v for taking. any action including for disposse.ssion'or demolition other ttran to ensure aforesaid directions. 5. fuar-ned counsel appearing for the petitioner states that the occupants shall file an underraking before this Court within a period of four weeks from today stating that thel' will not ca6-y on an-y further construction and remove any construction made after 3.11.199?, use the propeny onl-v for residential use and not caffv on any commercial activit-y, not occupr any open areas and not create an-y thid party interest or part with possession of the propert3l till the decision is taken on the issue of regularisation of the colony. A plan of the existing construction shorving the open and covered area along with photogmphs shall also be filed. The protective orders passed today rvould be applicable onl-r' to such of the occupants rvho will file the necessar-Y ui'rdeftakings. ). I - :3:- 4Y/ CWP No. 1u37/2003 a lVrit petition stands disposed of rvith the aforesajd directions. DASTT to leamed counsel for the parties. C.l\4. No.303512f-U3 I'Io further orders are called for in this application in view of the disposal of the tvnt p€tltlon. Application stands disPosed of. ) April4,2003 am SANJAY KISHAN KAIJL, J I \l