High Court Of Delhi
MANJU CHAURASIA - Appellant
Versus
DDA - Respondent
CIV.WRIT PETITION 908 of 2003
Decided On : 02/19/2003
Regularisation of Unauthorised Colonies - Land Acquisition - Suraj Park - Civil Writ Petition No. 4771/93 - CWP No. 2423/ 1999 - [Land Acquisition Act, 1894 - Section 4] - [Delhi Development Act, 1957 - Section 14] - [Summary: The court addressed the issue of regularisation of unauthorised colonies and the authority's failure to take a definite decision. It directed the Director (Land and Management) to verify the petitioner's property location within the unauthorised colony of Suraj Park. If confirmed, the court provided specific directions to protect open areas, restrict further construction, and impose conditions until the regularisation issue is decided.]
Fact of the Case:
The petitioner sought a restraint order against the respondents from dispossessing them from the property in an unauthorised colony pending regularisation consideration. The land in question had been acquired for public purpose, and the issue of regularisation was pending consideration.
Finding of the Court:
The court directed the Director (Land and Management) to verify the petitioner's property location within the unauthorised colony of Suraj Park and provided specific directions to protect open areas, restrict further construction, and impose conditions until the regularisation issue is decided.
Issues: Regularisation of unauthorised colonies, failure of authorities to take a definite decision, and the petitioner's property location within the unauthorised colony of Suraj Park.
Ratio Decidendi: The court's decision was based on the need for a definite decision on regularisation, the authority's failure to take action, and the petitioner's property location within the unauthorised colony of Suraj Park.
Final Decision: The writ petition was disposed of with specific directions for the protection of open areas, restriction on further construction, and imposition of conditions until the regularisation issue is decided.
( 2 ) IT is stated in the writ petition that the colony in question is one of the colonies mentioned in the list of 1071 un-authorised colonies in respect of which the question of regularisation is pending consideration. It is not disputed that the land in question stands acquired and the land owner has failed in the challenge to the acquisition proceedings right till the highest court.
( 3 ) THE question of regularisation of these un-authorised colonies form subject matter of Civil Writ Petition No. 4771/93, titled common Cause Vs. Union of India and anr. wherein the Division Bench vide Order dated 17. 08. 1998 observed as under: -
"in respect of the colonies on the government land and other colonies which are not to be regularised for one reason or the other. It is high time that the Government takes a definite decision. Over the years, we have passed repeated orders impressing upon the government that the result of not taking decision is resulting in corruption at various levels. We are not suggesting, for the present, whether a particular colony shall be regularised or not but what we are directing is to take a definite decision and if it is decided not to regularise a particular colony then to carry out that decision to its logical end by demolition action not merely demolition of only few selected houses but the colony as a whole. "
( 4 ) AFORESAID fact shows that despite directions from time to time, the respondents had not taken any decision finally on the issue of regularisation of the unauthorised colonies and if they are to be regularised on what terms and conditions. This is unnecessarily giving rise to a spate of writ petitions.
( 5 ) THERE is no doubt that the respondents can proceed in respect of these colonies as long as a consistent view is taken. The land has been acquired for public purpose.
( 6 ) IN such matters, directions have been passed in order to ensure that there is no pick and choose by the respondents in dealing with the occupants of these colonies and a consistent policy is followed. The said directions would apply to the present case also but for one other issue which arises for consideration. This issue arises in view of the contention of the learned counsel for the respondent-DDA that the property of the petitioner does not form a part of Suraj Park. It is, however, stated that the same directions as issued on 24. 09. 2002 in CWP No. 2423/ 1999 titled Mahender Yadav and Anr. v. DDA and ors. may be passed in the present writ petition.
( 7 ) LEARNED counsel for the petitioner states that he has no objection if this question is determined after verification at site by the director (Land and Management) of DDA, since his contention is that there can be no doubt about the petitioner s property forming part of Suraj Park in view of the documents filed with the writ petition.
( 8 ) IT is, thus, directed that the Director (Land and Management) shall take necessary steps and issue directions for verification at site after notice to the petitioner to confirm whether the property of the petitioner is located within the unauthorised colony of suraj Park. The, needful be done within a period of six weeks from today. The petitioner will co-operate for the said purpose. The petitioner shall appear before the Director (Land and Management) Head Quarter on 04. 03. 2003 at 3. 00 PM and thereafter necessary directions will be passed. No further notice would be required for the said purpose to the petitioner.
( 9 ) IN case the Director (Land and management) comes to the conclusion that property of the petitioner is within the unauthorised colony of Suraj Park, then
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