[Resolved] Municipal Corporation Of Delhi — Failure to prevent encroachment/illegal demolition etc at A-17 Kailash colony New Delhi 48.
The facts of the matter are as under:
1. The property notified under section 4 vide notification no.F9(83)L&B/LA/MRTS(S)/14616 dt 17.1.2008 is A- 17 East of Kailash New Delhi.
2. The property notified under section 6 vide notification no.F9(83)L&B/LA/MRTS(S)/17135 dt 11.3.2008 is A-17 East of Kaiiash New Delhi.
3. No notice under section 9(1) of Land Acquistion Act, 1894 was ever issued/ served in respect of captioned private property as the said property was never subject matter of any acquisition proceedings.
4. On 23.4.2008 the owner personally met the ADM/LAC(S) to seek a copy of the S9 notice in respect of above notifications but was denied a copy of the same. Barely 3 days later on 26.4.2008 t officers of Delhi Metro and Gammon India obtained forcibe entry and carried out demolition of built-up private property not notified for acquistion as per law.
5. On 26.4.2008 itself two police complaints were lodged followed by another complaint dt 30.4.2008.
6. Subsequently owners made representations to various govt. autorities. The office of the Hon’be CM of Delhi lent positive support and issued orders to help the senior citizen.
7. Order No CMO/OSP2/08/682 dt 6.6.2008 issued by office of CM of Delhi to ADM Revenue clearly stated that property No A-17 Kailash Colony had been wrongly taken over. Copy attached).
8. GNCTD issued a corrigendum dt 28.8.2008. This is a public admission of the above facts. We have challenged the legality of said corrigendum by way of writ No. 7417 of 2008. The matter was heard, notice issued and since govt decined to file a counter it was reserved for final orders on 23.10.2008.
9. In addition we have filed several complaints on the Public Grievance Cell of GNCTD and Deptt of Public Grievances, GOI, Commr Delhi Police
10. The vigilance cell had conducted a hearing on 7.10.2008 and advised the owners to meet the Hon’ble LG of Delhi. Appointment with LG not yet given.
In the light of the foregoing the owners are aggrieved that
· the civic agency has failed to examine the legality / validity of the statutory sanctions obtained by the said govt agency to occupy built-up private property and illegally occupy the same without following the statutory procedure under the Land Acquisition Act, 1894.
· Public funds have been used against the provisions of the statute and in violation of Art 300-A of the Constitution of India to grab private property and demolish built-up office premises and engage in unlawful activities thereat since 26.4.2008.
I am 86 years and in lawful use of the said premises since 1956. I am deeply traumatized by the above events and fail to understand how the various authorities can ignore the orders of the Hon’ble CM of Delhi as well as other independent govt. agencies.
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Aug 13, 2020Complaint marked as Resolved
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