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CHANDRA DHARI SINGH
Anni Shokeen – Appellant
Versus
Delhi Development Authority – Respondent
ORDER
Chandra Dhari Singh, J. (Oral) - The instant petition under Article 226/227 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
"A. issue Writ, order and/or directions to the respondents m the nature of mandamus or any other writ directing the respondents to conduct demarcation, remove all existing encroachment and thereafter construct the appropriate boundary wall with necessary grills and gates around the green belt/ park in question situated at Pkt-00, Main Kanjhawala road, Ward no.-26 Sector-1, Rohini, Delhi-110085 and/or;
B. direct the respondents to conduct periodic checking/survey and take legal action thereafter against the encroachers, if any possible future encroachment or tree cutting is done by any encroacher over the green belt/park in question situated at Pkt-00, Main Kanjhawala road, Ward no.-26 Sector-1, Rohini, Delhi-110085.
C. Direct the Respondents to plant sufficient trees on the green7 belt/park in question and to maintain the green belt/park in question on regular basis in such a way that the petitioner and the near by residents of Pkt-00, Main Kanjhawala Road, Ward No. 26, Sector-1, Rohini, Delhi 110085 can
A writ of mandamus can only be issued when there is a clear legal right established by the petitioner, along with a corresponding duty of the respondent, which was lacking in this case.
NGT cannot allow withdrawal of environmental applications raising substantial public interest issues; must ensure full remedial restoration including plantation, beyond mere encroachment removal.
encroachment of Land - photographs cannot give clear picture about the fact that whether road has been encroached upon or not and to what extent it is encroached upon and the same is encroached upon ....
The main legal point established in the judgment is the need to conduct a survey to identify encroachments on public lands and to take appropriate action for their removal under the relevant laws.
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
Point of Law : Amended provisions of Rule 18 (2) of the Settlement Rules does not mandate issuance of any notice upon persons coming in the ambit of the said sub-rule. The petitioner are admittedly i....
The court emphasized that mere possession does not confer ownership rights, and procedural defects in eviction notices can invalidate such actions.
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