P . 1'' U I Sr. No. Orders IN TIlE HIGH COURT OF DELHI AT NE W. DELHI -- W.P.(C) 5293/2004 BHARAT BHUSHAN Petitioner Through Mr. Kamal Mehta, Advocate. versus DI).A. & ORS. ... Respondent mn iii Ms.Gita Mittal, Advocate. with Mr.D.P.Dwivedi. Director (Residential Lands). ('CD A 14. IION1BLE MR. JUSTICE VIKRAMAJTT SEN ORDER flu Jflfl4 , J .'J,-r Ptirsuant to the hearing held on April 7, 2004. the Respondents have made a physical verification of the persons who are presently in occupation of Plot No.A-2, 'T Junction, Mangia Pun, Village Palam, New Delhi. The inspection has revealed that the said plot is in the occupation of Shri Pawan Kumar, Shni Bhagwan Dass, Mohd. Abbu Bakkar and Shri Bharat Bhushan who are the Petitioners before me. There appears to be a complication, which is certainly not unsurmountable, in that the mutation has been earned out ifl tile name ot SmL Manno DCVI, widow ot iate Shn Cilandgi Ram Bardlla in the context of this plot. What must be kept in perspective is that the evacuatjon/demolitjoii of the area has been necessitated because of the construction of the DwarkaJPalarn Bazar flyover. In these circumstances, it appears to be superfluous and unnecessary to go into the Question of who the original allottee/lessee may he, since the evacuation/demolition is directed not towards, the original lessee but against the occupants of the site. This position SHRI SHYAM SALES 02-03 1• • 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 Sr. No. Orders appears iotice dated 29.3.2004 is directed against the Occupants and not the aliottee. in the event of aily claim of Smt. Manno Devi she may approach the civil Court and await its final judgment. Ifle Director (Residential Lands) who is present in Court states that upon the Petitioners providing an indemnity Bond in favour of the DDA, and producing the Agreement to Sell, Powers of Attorney etc., a joint allotirient shall be made in favour of all the Petitioners since a sub-division of the plot in question cannot he recognised by the DDA. The compensatior for the structures which are to be demolished shall be paid only to the Petitioners on a prorata basis. This Order has been passed strictly in the facts and circumstances of this case and shall not be treated as a precedent in view of the stated urgency of the project and the fact that the continued presence of the Petitioners will delay the project inordinately. The final decision in regard to the Petitionefs allotment of alternate site shall be taken by the Director within one week from today within which time he may peruse their document of title. The Petitioner to appear before the Director on 12.4.2004. The Petition stands disposed of in the above terms and the interim Orders passed are recalled. vEKRAMAJTr SEN j APRIL 08, 2004 T ,t SHRI SHYAM SALES 02-03