The court's decision not to interfere with the petition despite noting the public nature of the land and the need to protect it, highlights the importance of impleading relevant parties and timely legal action in land disputes.

S.RAVINDRA BHAT, J.

1. Claiming that the respondent authorities have illegally sought to virtually annex khasra nos.22/16/2, 22/17, 22/18, 22/19/1, 22/22/1, 22/23, 22/24, Village Jhorda Majra, Burari, Delhi to another neighboring unauthorized colony, i.e., Hardev Nagar, the petitioner seeks several directions to restrain them from proceeding to conduct development work and also for removal of illegal encroachments.

2. The writ petitioner is a resident of Village Jharoda Majra; he relies upon the previous proceedings of this Court, i.e., Surya Prakash Tyagi v. Lt. Governor of Delhi and Ors. (W.P.(C)7501/2007) where similar allegations were made with respect to illegal development and also with respect to unauthorized constructions on lands which are part of the present proceedings. In the course of that writ petition, the Division Bench of this Court had appointed amicus curiae to visit the site and furnish a report. The report of the amicus curiae has been relied upon. The amicus curiae stated, inter alia, that: -

“7. Besides above the following relevant information has been collected/gathered by the Amicus by discussing the matter with SMD Civil Lines, Tehsildar and other officials of the Revenue Department and from the documents provided by the Revenue department:

(i) The size of the entire land area consisting of Khasra Nos. mentioned in para 1 above is 25 Bigha and 19 Biswa which is equivalent to about 26142 Sq. Yds.

(ii) Out of the above total area, the land on which the construction has been done or is under progress is about 8 Bigha and 9 Biswa, i.e., about 8420 Sq. Yds., whereas the land which is presently vacant is about 17 Bigha 10 Biswa, i.e., about 17,722 Sq. Yds. Details regarding the constructed/vacant portion of the land area covered by the above Khasra Nos. is provided by Tehsildar (Civil Lines) are annexed hereto as ANNEXURE C-4.

(iii) The land covered by the Khasras in respect of which the present petition has been filed was originally private agricultural land properties entered in the name of Respondent No.9 M/s Supreme Commercial Enterprises Ltd. in the record of the Revenue Authorities, but later on due to raising of construction activities which are not permissible on the agricultural land, proceedings under Section-81 of the Delhi Land Reforms Act (DLR Act) were initiated against Respondent No.9 being the recorded owner of the land. The entire land covered by the aforesaid Khasras stood vested in Gaon Sabha as per different orders passed by SDM (Civil Lines) 2006. In the Revenue records names of those who have constructed or are occupying the structures raised on the said land have not been entered. AS on date the land stands vested in Gaon Sabha in terms of vesting orders passed by SDM (Civil Lines).

(iv) Pursuant to the vesting of the land in Gaon Sabha, the possession of the same is yet to be taken over by BDO, Civil Lines.

(v) One colony named Hardev Nagar which is located very near to the land site in question is one of the unauthorized colonies pending for regularization. As per the lay out plan submitted in 2005 by the Residents Welfare Association of Hardev Nagar (ANNEXURE R-5) to Urban Development Department in connection with regularization of the colony, the land area in question is shown as vacant agricultural land without any construction thereon. The verification report submitted by SDM Civil Lines on 4.8.2005 (ANNEXURE C-6) to the Urban Development Department in connection with the regularization or Hardev Nagar unauthorized colony mentioned all Khasra Nos. which were covered by the then existing Hardev Nagar Colony as per the plans submitted to the Urban Development Department in 2005. In such verification report of Revenue Authorities, Khasra Nos. which are the subject matter of the present petition are not mentioned. From the above, it appears that Hardev Nagar Colony in 2005 did not include the land area covered by the Khasra Nos. for which the writ petition has been filed.

(vi) Howe