Public authorities must ensure access to land, and a writ of mandamus can compel them to perform their duties when a clear right exists.

% 02.04.2024

1. The present writ petition has been filed with the following prayers:

“a. Issue appropriate writ, order or direction in the nature of Mandamus thereby directing respondent no.

1 to declare/designate/earmark and develop 12 meter or of any other width way from Respondent/DDA, pocket- 11, leading to un-acquired agricultural land of petitioner bearing Kh. No. 54/3/2 (2-14) of Village Mamurpur, Narela, Delhi.

b. Writ, order or direction restraining Respondent/DDA to not to construct a wall stopping rasta of Petitioner leading to his un- acquired land bearing Kh. No. 54/3/2 (2-14) of Village Mamurpur, Narela, Delhi, through Pocket-11 Sector A1 to A4, Narela, Delhi.

c.

Issue appropriate writ, order or direction directing Respondent/DDA to include way leading to land of Petitioner in their pocket layout.

xxx xxx xxx”

2. Learned Senior Counsel for petitioner submits that the un-acquired land of the petitioner would be left land locked, if Delhi Development Authority (“DDA”) is not directed to secure the Right of Way to the petitioner leading to his un-acquired land. He submits that the petitioner is aggrieved as the DDA is not earmarking the Right of Way leading to petitioner’s un-acquired land in layout of Pocket-11, Sector A-1 to A-4, Narela, Delhi. He further submits that petitioner’s un-acquired land falls in Khasra No. 54/3/2 (2-14), that would be left land locked if the Right of Way of the petitioner to his land is not secured.

3. Issue notice. Notice is accepted by learned counsel appearing for the respondents.

4. At this stage, learned Senior Counsel for petitioner submits that the petitioner shall be satisfied, if the present writ petition of the petitioner is treated as a representation, so that the same can be decided by the DDA by way of a speaking order.

5. Learned Standing Counsel for the DDA has no objection to the aforesaid prayer.

6. Accordingly, it is directed that the present writ petition shall be treated as a representation by the DDA. The DDA shall grant opportunity of hearing to the petitioner or his authorized representative before passing any order on the representation of the petitioner. The representation of the petitioner shall be considered in a time bound manner and the same shall be disposed of expeditiously, preferably within a period of eight weeks from today.

7. With the aforesaid directions, the present petition is disposed of, along with the pending applications.