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PRATHIBA M. SINGH
Afroznisha – Appellant
Versus
Delhi Waqf Board – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL.49228/2023 & CM APPL.49229/2023 in C.R.P.224/2019
2. These are two applications which have been filed by occupants of the property bearing No.1068, Ward number 1, Khasra No.1151/3. The details of the Applicants is as under:
| S. No. | Flat Owner and their Family |
| 1 | Fazluddin Khan |
| 2 | MM Kunju |
| 3 | Mehar Siddiqui |
| 4 | Shaji |
| 5 | Muzaffar Nayeem Murtaza |
| 6 | Abdul Bari |
| 7 | Tahira Begum |
3. The prayer in these applications is that the Applicants be impleaded in the present petition and they be given 6 months' time to vacate the said property.
4. Mr. Gautam Narayan, ld. Counsel appearing for the Applica
The duty of the court to ensure the removal of unauthorized occupants who have no rights over public land.
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 judgment established the liability of unauthorized occupants to pay occupation charges and costs to the Waqf Board, emphasizing the fiduciary nature of the Imam's occupation and the impermissibil....
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.
Misrepresentation by a party during proceedings undermines their legal claims, rendering a review application untenable when prior ownership admissions and evidence of estoppel exist.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
The eviction under the Public Premises Act was upheld as lawful, with sufficient notice and adherence to due process, and claims of bias against the Estate Officer were rejected.
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