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2022 Supreme(Del) 506

SANJEEV NARULA, NEENA BANSAL KRISHNA
Meenu Srivastava – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. Rajesh Pathak & Mr. Hamant Kumar, Advocates.
For the Respondent:Mr. Satyakam, Additional Standing Counsel, GNCTD, Mr. Sushil Dixit & Mr. Parvinder Chauhan, Advocates

JUDGMENT :

SANJEEV NARULA, J.

1. The present writ petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 seeking quashing/setting aside of (i) Notification bearing no. F.10(42)-1/PA/DCF/93/2012-17(I) dated 24th May, 1994 [hereinafter “Notification”] issued by Respondent No. 2 – Development Department of GNCTD declaring lands mentioned under Schedule ‘A’ annexed therein [hereinafter, “petition land’’] as “reserved forest”; and (ii) Notice bearing no. F.NO. 06/DCF(S)/ENCR.PUL PEHLADPUR/2021/5734-38 dated 08th June, 2022 [hereinafter “Notice”] issued by Respondent No. 3 – office of Deputy Conservator of Forests (South), Department of Forest and Wildlife, GNCTD.

2. Mr. Rajesh Pathak, counsel for Petitioners, submits that the petition land was initially under the control of the Revenue Department, however, was later declared as “reserved forest” in terms of Section 4 of the Indian Forest Act, 1927 by the Respondent No. 3 by way of the above Notification. Thereafter, deriving authority from the same, Respondent No. 3 issued the impugned Notice wherein Petitioners were directed to vacate the petition land within 7 days, failing which, the structures erected the

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