IMPORTANT POINT
The central legal point established in the judgment is the importance of ownership evidence and possession in disputes over forest land encroachment, leading to a direction for the competent authority to decide the demarcation dispute in accordance with the law.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 5744/2024

1. Exemption allowed subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 1388/2024 & CM APPL. 5743/2024

3. This is a writ petition under Article 226 of the Constitution of India inter alia seeking the following reliefs:

a. Issue a Writ, Order or Direction in the nature of certiorari thereby quashing the arbitrary and illegal Notice bearing No. F.NO.52/DCF(S)/LAND/ASOLA/2022-23/12642-49, Dated 06.01.2024 issued by Respondent No.2.

b. Issue a Writ, Order or Direction in the nature of mandamus thereby directing the Respondent to carry out a wholistic and complete demarcation of all land in village Asola, by the prescribed procedure, after giving due notice to the Petitioner.

4. Mr.Vivek Kohli, learned senior counsel appearing for the petitioner submits that the petitioner has been in possession of Khasra Nos. 1595 Min (3-2), 1596 Min (2-8), 1597 Min (1-3), 1598 Min (4-7), 1482 Min (2-3) admeasuring 13 bighas and 03 biswas at Village Asola, Tehsil Mehrauli, New Delhi. He submits that the said land was purchased vide the registered sale deed dated 20.07.2013. Learned senior counsel submits that since then the petitioner has been in peaceful possession of the said land the structure built thereon.

5. Learned senior counsel submits that out of the blue, the respondent no.2 issued a demolition noticed dated 06.01.2024 inter alia stating that Khasra Nos.1498, 1528, 1506 and 1552 of Village Asola, Tehsil Saket, Delhi is notified as Reserved Forest Land as per the notifications, dated 24.05.1994 and 02.04.1996 and alleged that the land has been encroached by the petitioner, which is a violation under Section 26 of the Indian Forest Act, 1927 and Section 2 of Forest (Conservation) Act, 1980 and as such directed that the encroachers remove themselves from the forest land within seven days.

6. Learned senior counsel submits that the petitioner was in occupation of the present land under the Khasra numbers covered by the registered sale deed aforesaid and has been in possession continuously without any hindrance of any quarter whatsoever. He submits that there are number of demarcation reports placed on record by the petitioner which show her continuous possession on the said land covering the aforesaid Khasra numbers and as such the impugned notice dated 06.01.2024 cannot withstand the scrutiny of law or on facts. The photocopy of the original Masavi of the year 1908 is also enclosed with the writ petition.

7. That apart, learned senior counsel submits that this Court in W.P.(C) 741/2024 titled Ishwar Sahai vs. Govt. of NCT of Delhi & Ors. vide the order dated 18.01.2024 in a similar case had granted opportunity to the petitioner therein to approach the Deputy Conservator of Forest with a detailed representation directing the Deputy Conservator of Forest to consider the representation and pass a detailed order in respect thereto.

8. Learned senior counsel also relies upon the judgment of Coordinate Bench of this Court in W.P.(C) 8052/2022 titled Asola Homes Welfare Association & Anr. vs. Government of NCT of Delhi & Ors. whereby after noticing the provisions of Section 28 of Delhi Land Revenue Act, 1954, this Court had directed that the Deputy Commissioner (South), Department of Revenue, GNCT of Delhi to decide the dispute related to the incidental and ancillary issue of demarcation of the land in accordance with law, keeping into consideration the facts and contentions made in the instant writ petition and pass a detailed order.

9. Learned senior counsel submits that in the present case too, similar directions be passed since the petitioners are in possession of demarcation reports from the year 1996 onwards to assert their right over the property falling within the aforesaid Khasra numbers.

10. Learned senior counsel submits that in case there is any demarcation done by the respondent without notice to the petitioner