Encroachment Delaying DDA's Yamuna River Restoration Work: Delhi HC Rejects Farmers' Plea For Occupation In Flood Plain, Imposes ₹5K Cost

In a plea for a restrain on Delhi Development Authority (DDA) and other authorities from disturbing the possession of land located on the Yamuna river bank by certain farmers, the Delhi High Court said that it appeared that the petitioners had encroached upon the land which falls in the flood plain area.The court further said that this had also delayed the implementation of public project–'Restoration and Rejuvenation of River Yamuna Project' causing huge nation costs and loss to revenue of the State. The court also said that the "mischief" by the petitioners was apparent as after the demolition for removal of unauthorized encroachment and construction, the petitioners had tried to reclaim the property by carrying on cultivation of vegetables. Justice Dharmesh Sharma in his order said, “In summary, the petitioners not only woefully fail to identify the exact location, measurements, longitudinal & latitudinal position of their respective occupation over the subject properties, but they also appear to be encroaching upon the acquired land of village Chak- Chilla that evidently falls in Zone 'O' i.e., Yamuna Flood plain areas, thereby causing delay in the implementation of the Public Projects referred to hereinabove entailing huge national costs and loss to the revenues of the State and its instrumentalities. The petitioners have no right to continue to occupy and possess any part of the subject land in the larger public interest” the Court said. The court was considering the writ petition of five petitioners, who claimed that they and their predecessors-in-interest, who are farmers and cattlemen, have been in lawful possession of the agricultural land in question situated at Chak-Chilla village on the bank of Yamuna river since British rule.The petitioners relied on jamabandi/revenue records (for 2012-2013) issued by Halqa Patwari (local authority who maintains ownership records) to claim their ownership over the subject land.The petitioners argued that the National Capital Region Transport Corporation, a joint venture of the Government of India and the States of Haryana, Rajasthan, and Uttar Pradesh, is developing a rail transport system for the NCT despite being aware that the petitioners would be displaced from their house. The petitioner filed a demarcation application before the Tehsildar and the Land Acquisition Collector for the purpose of demarcation of the acquired and un-acquired land in Chak-Chilla village.As the authorities did not respond to the petitioners representation, they approached the High Court seeking demarcation. During the pendency of this petition, the Delhi Development Authority (DDA) along with Delhi police conducted a demolition drive in the village, destroyed the crops and removed the cattle of the farmers.The petitioners thus filed the present petition seeking to restrain the respondent authorities from disturbing the possession over subject lands and to direct the authorities to not demolish and remove the cattle and crops. The petitioners contended that they could not have been displaced without due process of law and claimed a violation of Articles 14(right to equality), 21(right to life) and 300A (Persons not to be deprived of property save by authority of law) of the Constitution.Considering the facts of the case, the Court was of the view that the petitioners had failed to demonstrate any legal right, title or interest over the subject land. It said that except for a "bald reliance" on the jamabandi record pertaining to the year 2012-13 issued by Halqa patwari, there is no specific averment as to where the respective parcels of land are located. The court said that the petitioners failed to mention the khasra number and the measurements of the subject property."The petitioners not only fail to place on record any site plan but also any document to show the longitudinal and latitudinal positions of their respective parcels of land," it said.It took note of a demarcation report submitted by the DDA which showed that a demarcation exercise was conducted by the officials from the office of SDM, South-East as well as DDA and it was pointed out that acquired portion measuring 1,272 bighas out of total 1779 bighas 1 biswa was acquired vide Award No. 22/92-93 dated 19.06.1992 and the de-notified portion measuring 506 bighas 18 biswa was also shown. The court said that when this record was shared with petitioner they unable to pinpoint as to where exactly the petitioners claim their properties are located. Moreover the Court said that the land acquired had since been handed over to DDA for construction of the Mayur Park Project, which admittedly falls in the Yamuna Flood Plains area where EcoRestoration Plantation has to be undertaken by the authority. "The mischief being orchestrated by the petitioners is apparent as it is evident that that after demolition action was taken for removal of unauthorized encroachment and construction, the petitioners have attempted to reclaim...

Encroachment Delaying DDA's Yamuna River Restoration Work: Delhi HC Rejects Farmers' Plea For Occupation In Flood Plain, Imposes ₹5K Cost

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Encroachment Delaying DDA's Yamuna River Restoration Work: Delhi HC Rejects Farmers' Plea For Occupation In Flood Plain, Imposes ₹5K Cost

Sanjana Dadmi

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