JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:

"a) Issue of a writ, order or direction in the nature of certiorari thereby quashing the Notice bearing F.NO. 52/DSF(S)/LAND/ASOLA/2022/23/dated 16.03.2024 issued by the Respondent No.2 directing to vacate property of the Petitioner comprised in Khasra 1510 min (2-10) in Village Asola, Tehsil Saketalso forming part of farmhouse as 12A CRB Marg, Regency Farms, Bhatti Kalan, Delhi-110074 as Reserve Forest Land and directing to vacate the said land;

b) Issue an appropriate writ (s), order (s) or direction (s) in the nature of prohibition thereby restraining the Respondent from demolishing and/or taking any coercive action in respect of the above said private property of the Petitioner comprised in above said Khasra no.1510 min. (2-10) and/or dispossessing the Petitioner therefrom."

2. Learned counsel appearing for the petitioner submits that the impugned notice directing the petitioner to vacate the property relates to khasra numbers 1506 and 1510 of village Asola, Tehsil Saket on the basis that the said land are notified as Reserve Forest Land as per the notification dated 24.05.1994 and 02.04.1996.

3. The allegation contained therein is that the petitioner had encroached upon the said khasra numbers which tantamount to violation under Section 26 of the Indian Forest Act, 1977 as also Section 2 of Forest (Conservation) Act, 1980. The notice apart from directing vacation, also threatens to demolish the property existing thereon.

4. Learned counsel appearing for the petitioner submits that the predecessor-in-interest of the petitioner has been in occupation of the said land and had purchased the land admeasuring 12 bighas, bearing Khasra Nos. 644 min (1-0), 645 min (1-0), 646 (0-9), 647 (0-12), 648 min (0-19), 649 min (2-0), 650 min (1-6), 653 min (0-15), 1510 min (2-10), 1511 (0-18), 1512 (0-11), with Boundary Wall, Tube-Well and electric connection situated in village Asola, Tehsil Hauz Khas, New Delhi by virtue of the registered sale deed dated 25.07.1997. He submits that the petitioner was subsequent purchaser vide the registered sale deed dated 24.05.2005 which is annexed at page 56 of the present petition for the said subject land. He submits that the petitioner has been in possession of the subject land since then without any disturbance.

5. By virtue of the order dated 21.01.2016, the SDM had also noted that the petitioner was in possession of the said khasra numbers and had erected a dwelling house for his own occupation and had come to the conclusion after hearing the parties as also perusing the Halqa Patwari's report dated 13.01.2016 that the suit land was being predominantly used for the agricultural purposes or purposes connected with agriculture in consonance with the provisions of the Delhi Land Reforms Act, 1954 and had dropped the proceedings under Section 81 of the DLR Act, 1954.

6. Learned counsel appearing for the petitioner submits that while the petitioner has been in peaceful possession of the said land, the impugned notice dated 16.03.2024 was pasted on the wall of the premises of the petitioner.

7. Learned counsel appearing for the petitioner submits that khasra numbers whereon the present petitioner's property is situated is not the same one covered under the impugned notice dated 16.03.2024 i.e., khasra numbers 1506 and 1510 of village Asola, Tehsil Saket. Moreover, the petitioner was never made party to any demarcation proceedings, if any, which may have been carried out by the officers of the Forest Department. He submits that in such circumstances, neither the petitioner can be directed to be dispossessed from the land nor any demolition action can be taken on the property constructed on such khasra numbers.

8. This Court has consistently held in such matters that the issue as urged above be decided