1_ '1, 'F IN THE HIGH COURT OF DELHI AT NEW DELHI II #34 + W.P.(C) 9886/2009 & CM 8L33/2009 (for stav) KFIARAG SINGH Petitioner Through: Dr. Surat Singh with Mr. Sunil Mund. Advocates. VETSUS GOVT. OF N.C.T. OF DELHI & ORS. .'... Respondents Ttuough: Mr. Najrni Waziri, Standing Counsel for GNCTD with Ms. Neha Kapoor, Advocate. ,/ and #75 ,/ " --,/ +u w.P.(o 10725/2009 & cM 9689/2009 DIWAN SINGH & ANR. '.... Petitioners Through: Dr. Surat Singh with Mr. Sunil Mund, Advocates. '... VefSUS \ GOVT. 6RN.c.r. OF DELHI & ORS. ..... Respondents 'fhrough: Mr. Najrni Waziri, Standing Counsel for GNCTD with Ms. Neha Kapoor, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER LL.02.2011 l. The prayer in the wlit petitions, W.P.(C) Nos. 9886 and 10725 of 2009 is for a rnandamus to the Respondents to regularize the houses of the Petitioners which are located on khasra No. 2601110 and khasra No. 2821110 in village (hajuri Khas, Delhi-110094 respectively. The Petitioner clairns that a certificate had been issued on 17'h Septernber 2008 by the Urban Development Minister of the Government of National Capital feuitory of Delhi ('GNCTD') granting provisional regularization to an unauthorised colony in village Khajuri Khas. 2. OnTtr'July 2009 this Court passed the following order:- rtt n trl ^ooE g- lr.a:,E/tnno PaapI of 4 'l' oh Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified | ).- I "Notice. Mr. Shoaib Flaider, advocate accepts notice on behalf of the respondents. Learned counsel for the petitioner has relied upon Khasra Gidawari for the period 1979 (pug. 8) and states that the petitioner or his forefathers have been in possession of the land since 1970-71 and they have also constructed a house, which has been in existence for last 20 years. Learned counsel for the respondent-GNcTD, on instructions, states that possession of part area has already been taken but for the time being construction has been halted by the PWD to veriff the exact khasra in which the land is located. Learned counsel for the petitioner states that the petitioner is still in possession of the property subject matter of the present Writ Petition and the house in question has not been demolished. Counter affidavit will be filed within four weeks. Rejoinder, if any, will be filed within four weeks after counter affidavit is served. I'ill the next date of hearing, parties will rnaintain status quo with regard to possession of the properly, subject matter of the present Writ Petition. Officers of the respondents will visit the property in question today in the evening and. verifo the statement by the learned counsel for the petitioner on the basis of the site plan enclosed. They will be at liberty to take photographs. Revenue Authorities/SDM of the area concern will file his report. List on 25th September, 2009." 3. Pursuant to the above order a status report has been filed by the SDM, Seelarnpur. It is stated that on 22"d July 2008 an order had been issued by the Director (Panchayat), GNCTD, allotting Gaon Sabha land in village Khajuri Khas to the Directorate of Education, GNCTD in supersession of an earlier letter of allotment dated 17tr' October 1986. In terms of the said letter, the total Dnao a n( A l) extent of 17 bighas 11 biswas of land was allotted out of Khasra No. 297lII2l3 and 2 bighas 6 biswas out of Khasra No. 282lIL0l2. The land was to be utilized for the construction of a government school. The boundary wall of the school exclusively for girls is incomplete on account of the status quo order passed by this Couft. 4. Apparcntly the school has thereafter been constructed. There are three schools running side by side in the area. It is stated in the status reporl that of the said land an extent of 915.11 sq. yds. is under encroachment by Shri Kharag Singh, Petitioner in W.P.(C) 9886 of 2009 and Diwan Singh and Raui Singh, Petitioners in W.P.(C) 10725 of 2009. These Petitioners, however, claim that they have been residing in the area since 1974. They also rely upon ceftain entries in the revenue records in supporl of their claim. 5. Dr. Surat Singh, learned counsel appearing for the Petitioners states that the Petitioners are agreeable to the boundary wall of the girls' school being completed "with rninimum damage to the hoirse of the Petitioners." 6. It is open to the Respondent authorities to take steps in accordance with latv for the removal of encroachments. At the same tirne, on account of the status quo order, the boundary wall of the girls' school has been unable to be completed. This is posing a security risk to the students studying of the said school. In view of the stand taken by the Petitioners thernselves, it is directed that the Respondent authorities will now ploceed to complete the construction of the boundary wall of the girls' school in question. Any encroachment beyond the said wall will have to be removed by the Respondents only'itr accordance with law. rtt n f-l ^ooc o a naaE /'t1t1'l Dnno ? nf 4 tvl,l 7. The writ petitions are disposed of in the above terms. The applications also stand disposed of. S. MURALIDHAR, J. FEBRUARY 1.1.,20TI akg rt, ^ t-l ^60a o lna1E fanno Paop 4 of 4