Back
PRATEEK JALAN
Mohd. Adil – Appellant
Versus
Govt. of Nct, Delhi – Respondent
JUDGMENT
Prateek Jalan, J. (Oral)
CM APPL. 48949/2023 (for exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 12401/2023 & CM APPL. 48948/2023 (for stay)
1. The petitioner has filed the present writ petition against notices dated 25.08.2023 and 11.09.2023 issued by the Sub Divisional Magistrate (Mehrauli), Government of NCT of Delhi, in respect of eviction of the petitioner from property bearing No. 1068, Ward 1, Khasra No. 1151/3, Mehrauli, New Delhi-110030 ["subject property"].
2. The petitioner is the plaintiff in civil proceedings being ML No. 29/2018,[In the pleadings, it has been mentioned that the petitioner filed ML No.27/2018. However, as evident from the order dated 04.10.2019, attached as Annexure P8 of the petition, it is clear that the petitioner has filed ML No. 19/2018.] which is pending before the learned Waqf Tribunal. In the said suit, the petitioner has sought a declaration that the subject property is not a Waqf property under the Waqf Act, 1995 ["the Act"] and a declaration that an eviction order and notice dated 24.08.2018 passed by the respondents be declared null and void. He has also sought an injunction agai
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
The main legal point established was that illegal occupants cannot challenge the title of the property owner, and abuse of the legal process to continue possession can lead to dismissal of the appeal....
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
Entering into rent agreements admitting the owner's title estops the occupant from challenging the owner's title.
The importance of truthfulness and full disclosure in legal proceedings.
The Waqf Act empowers the Chief Executive Officer to address encroachments on Waqf properties, with exclusive jurisdiction for related disputes resting with Waqf tribunals.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
Misrepresentation by a party during proceedings undermines their legal claims, rendering a review application untenable when prior ownership admissions and evidence of estoppel exist.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
