Unauthorized occupants of government land have no legal rights and are treated as trespassers, with the government entitled to reclaim possession.

1. The present petition has been filed inter alia seeking directions to the W.P.(C) 14877/2023 Page 2 of 12 respondents to restrain them from carrying out demolition action at property bearing No. 30, Khasra No. 403/404/405/406/424, having 20 Kanals of land at Gaushala Road, Satbari, Mehrauli, New Delhi (“subject property/land”),

from where the petitioner has been running a dog and animal shelter under the name and style of „Sai Jeev Ashram‟.

2. The facts in brief as canvassed by the petitioner are as follows:

2.1 Petitioner is in occupation of the subject property, which comprises of rooms, sheds and shelter home for stray dogs and animals. The petitioner is running a shelter for stray dogs and animals from the subject property through a Trust, namely, Sai Jeev Ashram Trust.

2.2 The said Trust was started by his late father, Sh. Vishwant Kumar in the year 2003. He had occupied the subject property pursuant to Rent Agreement with its original owners, i.e., Sh. Jai Singh and Sh. Gaurav Dagar. Upon his demise, the petitioner stepped into his shoes and has been operating the Trust being the legal heir.

2.3 It is the case of the petitioner that the respondents without serving and adhering to the legal process of demolition, under the guise to widen the road, sought to take demolition action in the subject property under occupation of the petitioner.

2.4 The original owners of the subject property, i.e., Sh. Jai Singh and Sh. Gaurav Dagar filed a suit for recovery of possession, being Civil Suit No. 593241/2016, which was dismissed by judgment dated 30th September,

2019. The said judgment has been challenged by the owners of the subject property in appeal being RCA No. 50/2019, which is pending before the court of learned Additional District Judge (South District), Saket Courts, New Delhi.

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2.5 On 10th November, 2023, the concerned Sub-Divisional Magistrate (“SDM”), District Magistrate (“DM”), Patwari and other officials of the area visited the area with police force and demolished structure near the subject property. They also visited the property of the petitioner and threatened to demolish the subject property. Thus, the present petition has been filed for restraining the respondents from carrying out any demolition on the subject property on the premise that any demolition sought to be taken without giving proper hearing to the petitioner, is illegal and arbitrary.

3. Learned counsel appearing for the petitioner submitted that the petitioner was occupying the subject property legally, being tenant in the said property. The subject property is a private property and, therefore, no action for demolition of the same can be taken by the respondents.

3.1 He further submitted that the petitioner being tenant in the property does not have the required documents of ownership of the subject property.

The petitioner had requested the original land owners to provide him copy of the title documents, but they have not supplied any documents to the petitioner. In absence thereof, the petitioner herein may be granted some more time to collect the title documents of the subject property.

3.2 It is further submitted that the petitioner has already vacated the portion of the property which was falling in the alignment of the road.

Therefore, the requirement of the respondents for widening the road in question stands satisfied.

3.3 In support of his submissions, learned counsel for the petitioner has relied upon the judgment dated 08th November, 2023 passed by Division Bench of this Court in W.P.(C) No. 840/2023 , in the case of Dargha Najeebuddin Firdousi Versus Delhi Development Authority and Another.

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4. Per contra, learned counsel appearing for the respondents submitted that the land in question is an acquired land and the occupation of the petitioner is in the nature of an encroachment. Attention of this Court has been drawn to the Acquisition Awa