The court directed timely demarcation of property and clarified that temporary structures do not confer rights on disputed lands pending final determinations.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral):

CM APPL. 56565/2022

1. This is an application under Section 151 CPC seeking exemption from filing certified/true/legible copies of the orders.

2. Exemption is allowed subject to just exceptions.

3. Application is disposed of accordingly.

W.P.(C) 17703/2022 and CM APPL. 56564/2022

4. The present writ petition has been filed on behalf of the petitioners praying for issuance of writ of mandamus directing the respondents to restore the demolished boundary wall or in the alternative, it is prayed that the petitioner may be allowed to construct, by way of ad-interim measure, the demolished boundary wall of the House No. E-3, Village Asola, Mehrauli, New Delhi till the completion of demarcation process in the village Asola.

5. It is the case of the petitioner that they have been in peaceful physical possession of the subject property for almost 30 years until in March, 2018, the respondent No. 2 on the basis of Notification issued by respondent No. 2 in February, 2018, started the demolition drive in village Asola. During the demolition drive, the respondent No. 2 had illegally demolished a boundary wall of the subject property. The issue with respect to the illegal demolition done by the Respondent No.2 was subject matter of the Writ Petition No.7715/2018, titled `Rangoli Resorts Pvt. Ltd. & Anr. vs. Government of NCT of Delhi'.

6. Vide order dated 26.07.2018 in W. P. (C) 7715/2018, this Court had given directions to the petitioners herein to approach the concerned Deputy Commissioner challenging the demarcation conducted on the property of the petitioner No. 1. Further, this Court had also granted status quo with regard to the construction of the Wall by respondent Nos. 1 to 4 in the said writ petition.

7. It is submitted that since the order dated 26.07.2018 as passed in W.P.(C) 7715/2018, the petitioner No. 2 and his family have been residing in the subject property with no concrete boundary wall at one side. It is submitted that there is a makeshift temporary fence at the site of the demolished boundary wall, which is not effective or proper to provide any safety or security to the petitioner No.2 and his family, as animals/reptiles can easily enter the premises of the subject property through it.

8. It is further submitted that Asola Homes Welfare Association had filed writ petition in the year 2022 being W.P. (C) 8052/2022, titled as `Asola Homes Welfare Association & Anr. vs. Government of NCT of Delhi'. It is submitted that the petitioner was also a part of the said association. Attention of this Court has been drawn to the list wherein name of the petitioner is reflected at serial No. 29. It is submitted that by way of said writ petition filed on behalf of the Asola Homes Welfare Association, it had been prayed for the demarcation of the forest land and other land in village Asola, and for direction to the respondents not to carry out the demolition of any portion of lands owned by the members of the Association, till fresh demarcation is carried out. It is submitted that vide Order dated 23.05.2022 in W.P. (C) 8052/2022, this Court was pleased to grant interim relief along with status quo to the Association with regard to the boundaries of the respective writ petitioners by observing that till the pendency of application before the Deputy Commissioner, no coercive action shall be taken against the members of the Asola Homes Welfare Association. It is, thus, submitted that status quo with respect to the boundaries of the respective members of Asola Homes Welfare Association was directed to be maintained.

9. Learned Additional S