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2004 Supreme(Del) 494

MADAN B.LOKUR, D.K.JAIN
JASOLA VIHAR RESIDENTS WELFARE ASSOCIATION – Appellant
Versus
UOI AND ORS. – Respondent


Advocates Appeared:
ANUSUYA SALWAN, B.K.Kulshreshtha, K.S.BHATT

( 1 ) THESE two cross appeals by the writ petitioner and the Delhi Development authority CDDA for short) are directed against the order of the learned Single Judge directing the DDA to take necessary action within a period of four weeks for removal of 119 persons, who are in unauthorized occupation on a piece of land in Dwaraka with a further direction that in case any decision is taken to make allotment of plots to these 119 persons, the same principle should be applied for resettlement of 446 other unauthorized occupants, the writ petitioners, who were also residing in Jasola Vihar and had allegedly been removed from there along with the said 119 persons.

( 2 ) WHILE dismissing the writ petition filed by an association, claiming to be the representative of the said 446 persons, the learned Single Judge has taken note of the stand of the DDA that all of them were encroachers on the government land in Jasola vihar and that no allotments of any land had been made in favour of 119 evictees from the said land. We have heard learned counsel for the parties.

( 3 ) INSOFAR as the appeal of the DDA is concerned, it is submitted by Ms. Salwan, that the learned Judge has failed to apprecia




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