CM No. 11230/2015 (Exemption)

1. Allowed subject to just exceptions.

WP(C) 6176/2015 & CM No. 11231/2015 (interim relief)

2. The basic grievance of the petitioner appears to be, that the respondents herein have not removed the alleged encroachments on the public passage/ raasta which forms part of khasra no. 593 and is positioned in the front portion of khasra no. 228 situate in village Jaunti, Delhi.

3. The record shows that the petitioner has filed complaints, in this behalf, inter alia, both with the concerned SHO as well as the SDM. As a matter of fact, the said complaints are appended at pages 30 and 33 of the paper book.

3.1 Apparently, the concerned SDM, vide communication dated 18.12.2014 forwarded the petitioner’s complaint to the BDO (North West), Kanjhawala, Delhi.

3.2 Pursuant to the said communication issued by the SDM, the BDO, apparently, issued a notice dated 05.01.2015 to the purported encroachers. By this notice, the BDO directed the noticees to vacate the aforementioned public passage/ raasta, failing which action for removal of encroachments would be taken, by using force, albeit at their cost. For this purpose, the purported encroachers were given ten (10) day