A recent Delhi High Court judgment shed light on the ongoing land encroachment dispute in Village Samalka, New Delhi. The case involved the issue of encroachment on nalla/rainwater body land as per Khasra No. 56/1. The court’s decision carries significant implications for the involved parties and the local community. Stay informed about the latest developments in this crucial legal battle.
Facts
- Petitioner is aggrieved by the encroachment of nalla/rainwater body land in Village Samalka, New Delhi, as per Khasra No. 56/1.
- Multiple complaints have been made by the Petitioner since 2014 to the SDM Office regarding this encroachment issue.
- Various representations by the Petitioner have been submitted and are on record.
- Photographs showing the encroachment and formation of jhuggis have also been submitted as evidence.
Arguments
- The land in question has been demarcated as public land handed over to the Delhi Development Authority (DDA) for development.
- The counsel for DDA has no instructions regarding the jurisdiction of the land and whether it falls under DDA.
- Due to Lok Sabha elections, officials are currently occupied with election duties.
Analysis
- The petitioner or her authorized representatives are entitled to a hearing by the respondents to address the issue of the water body on the land in question.
- This hearing is crucial for the necessary action and assessment regarding the existence of the water body.
- The respondents must consider the evidence presented during this hearing to make an informed decision.
Decision
- The concerned authority must take appropriate action within four months from the given date.
- The DDA is responsible for determining the existence of a Water Body on the land in question.
- The Director, Land Management, will listen to the petitioner’s representatives and consider all submitted documents.
- The SDM or authorized representative must attend a hearing on 13 June 2024 and produce all necessary records.
- If no Water Body is found, the DDA must proceed to remove any encroachment on the land.
- Regardless of the presence of a Water Body, the concerned authority must act promptly to address any encroachment.
- The next hearing date on 5 July 2024 has been cancelled.
- Two authorized representatives of the petitioner must visit the office of the Director, Land Management, DDA with required documents.
- If a Water Body is identified, steps must be taken promptly for its restoration.
Case Title: SHARDA YADAV Vs. STATE OF NCT OF DELHI & ANR. (2024:DHC:4074)
Case Number: CONT.CAS(C)-1166/2023
