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2009 Supreme(Del) 553

AJIT PRAKASH SHAH, NEERAJ KISHAN KAUL
Surya Prakash Tyagi – Appellant
Versus
Lt. Governor of Delhi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Sudhir Kumar Sharma, Adv., Sanjeev Ralli, Adv. for Amicus Curiae and Umesh Sharma, Adv. in CM No. 5341/2009
For Respondents/Defendant:Rajeev Sharma, Adv. for Respondent Nos. 3 to 8 and Madan Gera, Adv. for Respondent No. 10

ORDER

1. The case of the petitioner in the present writ petition was that the lands in question were agricultural lands and vested in "Gram Sabha". He stated that the lands were wrongly recorded in the name of respondent No. 9 who had further transferred the lands to various persons. The petitioner has alleged that respondent authorities are permitting the illegal occupation and unauthorized construction on "Gaon Sabha" land in village Jharoda Majra Burari, Delhi.

.2. When the matter came up before this Court on 6th August, 2008, the following order was passed:

1. The case of the petitioner is that the lands in question are agricultural lands and they are vested in Gram Sabha. He further states that the lands are wrongly recorded in the name of Respondent No. 9 who has further transferred the lands to various persons.

2. In the first instance that notice was issued only to Respondent No. 9. It is necessary to issue notice to other Respondents to ascertain whether the lands have really vested in the Gram Sabha and whether they have been encroached upon.

3. Notice.

4. Mr. Rajeev Sharma, learned Counsel for Respondent No. 1 and Respondents 3 to 8 accepts notice.

5. Respondent No. 3 i.
















































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