SWATANTER KUMAR, J.

( 1 ) VILLAGE Tughlakabad Occupants and Residents Welare Association has filed the present writ petition under Article 226-227 of the Constitution of India praying that a writ of mandamus be issued to the respondents directing them to regularise the physical possession of the structure of the occupants in terms of their policy and scheme and in light of the order of the Court dated 17th august, 1998 passed in CWP No. 4771/93. Further it is prayed that respondents be prohibited from taking any coercive action including dispossessing them from the land in question till the plea of regularisation of the unauthorised colonies built up either on Government land or Gaon Sabha land is finally decided by the concerned authorities. Lastly, it is prayed that, as per policy of the government, respondent should be directed to take a decision under Section 48 of the Land Acquisition Act for releasing and denotifying the acquired land from the award dated 28th January, 1968 and take a fresh decision in all aspects of the prayers made.

( 2 ) IN support of its above prayers, it is pleaded by the petitioner association that they are the occupants of Village Tughlaqabad, Tehsil Kalkaji, district South, New Delhi of Khasra Nos. 859, 875, 1787/876, 1788/876 min. 1788/876 min, 1789/876 min, 2837/1907/861, 979, 958,980 and 957. According to the petitioner, the Govt. had taken a policy decision for regularisation of unauthorised colonies and in furtherance to this decision, a list of 1071 unauthorised colonies was prepared, a copy of which has been annexed to this petition as Annexure-1. A further policy was framed for regularisation of these colonies and guidelines were revised and issued in the year 2004 taking march, 2002 as the cut off date. These guidelines are also filed along with the petition as Annexure-2. It is averred in the writ petition that in the case of common Cause Vs. Union of India and Others (CWP No. 4771/93) the Court vide its order dated 17th August, 1998 held as under :-"whether a particular colony shall be regularized or not but what we are directing is to take a definite decision and if it is decided not to regularize a particular colony then to carry out that decision to its logical end by demolition action and not merely demolition of only few selected houses but the colony as a whole. "

( 3 ) THE order is stated to have attained finality as no appeal was filed by any of the parties and thus, the petitioners have a right to require the respondents to regularise the colony in terms of above order. Even other writ petitions including WP ? NO. 11608-17/2004 were filed by the residents of unauthorised colonies, which were disposed of by the order dated 16th August, 2004 in similar terms. The petitioners claim to be in physical possession of the area, which are squarely covered by the policy of the Government. The basic argument on behalf of the petitioners in light of these facts is that they are in occupation of unauthorised colony and are entitled to regularisation of their colonies in terms of the policy of the Govt. as well as the orders of the Court passed in somewhat similar circumstances and they should not be disturbed in the meanwhile.

( 4 ) SEPARATE counter affidavits were filed by the Union of India, MCD, govt. of NCT of Delhi and the DDA. In all these affidavits, common case of the respondents is that the petitioners have no right to claim the reliefs prayed for in this petition and it is stated that Govt. policy does exist and the cases are being considered under the revised guidelines dated 4th February, 2004, copy of which the respondent have annexed to their affidavit as Annexure R-1. This policy does not vest any person with indefeasible right and the authorities are taking decision while considering various factors before denying or accepting the contention of particular occupant of the colony for regularisation. Passing of the order by this Court in different petitions is obviously not dis

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