$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5434/2016 BRAJENDRA SINGH MANN .....Petitioner Through: Mr. Swastik Singh and Mr. Manish B., Advocates.

versus DY CONSERVATOR OF FOREST AND ORS .....Respondents Through: Mr. Tushar Sannu, Ms. Palak Gupta and Mr. F. Rehman, Advocates for GNCTD.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.01.2026 THE FACTS

1. The Petitioner claims that he purchased a plot falling in Khasra No. 25 (4-16), Village Neb Sarai, New Delhi, from one Vidyawati Gusain on 21^st June, 1989. The asserted title is founded on documents which includes a Special Power of Attorney, General Power of Attorney and a Will. The Petitioner also claims to have been placed in possession pursuant thereto.

2. The Petitioner’s grievance arose on 26^th June, 2008, when officials of Respondent No. 1 allegedly visited the site and informed him that the land in question had been notified as part of the ridge area for creation of reserved forest vide notification No. F.1(29)/PA/DC/95 dated 2^nd April, 1996. The officials indicated that they would take over possession of Plot No. D-

194(A), which the Petitioner asserts forms part of the said Khasra.

3. The Petitioner asserts that the said Khasra has been extensively built upon and that a substantial portion of persons (more than 80% of plot- holders) have raised residential constructions long ago. He further claims to have informed the officials that the plot falls within a colony described as “Freedom Fighters Enclave”, which was under consideration for regularisation. However, owing to resistance from neighbouring occupants and local protest, the officials did not take possession at that stage.

4. The Petitioner further states that he subsequently became aware of a notification issued under Section 154 of the Delhi Land Reforms Act, 1954,1 whereby uncultivated land of the Gaon Sabha falling in the Southern Ridge, including Village Neb Sarai, measuring 466 bighas 10 biswas, was notified for ridge purposes, and that the land comprised in Khasra No. 25 (4-16) was covered by that notification.

5. On approaching the revenue authorities, the Petitioner discovered that proceedings under Section 81 of DLR Act had been instituted against Tara Chand, shown as the recorded bhumidar in the revenue record, in respect of Khasra No. 25 (4-16) in the revenue estate of Village Neb Sarai. It is stated that by order dated 24^th May, 1994 passed by the Revenue Assistant (South) in Case No. 184/RA/88 titled Gaon Sabha Neb Sarai v. Tara Chand, the recorded bhumidar was directed to reconvert the land to agricultural use within three months, failing which the land was to vest in the Gaon Sabha. It is further stated that upon non-compliance, the land stood vested in the Gaon Sabha with effect from 24^th August, 1994.

6. The Petitioner contends that neither he, nor any other occupants of plots carved out of the said Khasra number, were ever issued any notice or intimation at any stage. Despite his possession over the plot, the land was notified for creation of reserved forest without affording the Petitioner any opportunity of hearing.

7. In that backdrop, on 1^st July, 2008 the Petitioner moved an application before the Forest Settlement Officer/ADM (South) appointed under Notification No. F.10(42)-I/PA/DCF/93/II dated Nil May, 2006 issued by the Secretary (Environment, Forest and Wild Life), Government of NCT of Delhi, to inquire into and determine the existence, nature and extent of alleged rights in respect of land notified for creation of reserved forest.

8. The Petitioner’s application was rejected by order dated 2^nd December, 2009. He thereafter preferred an appeal under Section 17 of the Indian Forest Act, 1927 before the Divisional Commissioner, and then a further appeal under Section 18 before the Lieutenant Governor of Delhi, which was rejected by order dated 2^nd March, 2016.

9. In these circumstances, the present writ petition has been instituted.

PETITIONER’S CONTENTIONS

10. Counsel for the