Aali Vihar Social Welfare Association vs Govt. of NCT of Delhi and Others

Dipak Misra, C.J.—In this Public Interest Litigation, Aali Vihar Social Welfare Association has prayed for following reliefs:

(a) directing the Respondents including Respondent No. 2 not to construct the boundary wall on the road on Khasra No. 355 passing through Aali Village and leading to Shiv Mandir, G-Block Aali Vihar, New Delhi-110076 and also not to restrict the smooth movement/ingress and egress of the residents of Aali Village and Aali Vihar, New Delhi-110076;

(b) directing the Respondents including Respondent No. 2 to demolish the part of the boundary wall which has been constructed and restore the same to its original condition;

To issue any other Writ, orders or directions in the facts and circumstances of the present case which the Hon''ble Court may deem fit and proper in the interest of justice;

Be it noted, when this matter was listed on 10th March, 2010 and thereafter notices were issued and on 7th April, 2010 it was directed that no construction shall be made by the State of Uttar Pradesh/Uttar Pradesh Irrigation Department. It is not disputed that the land is situated within the National Capital Territory of Delhi. The grievance of the Petitioner is that the Uttar Pradesh Irrigation Department is constructing a wall on the land which belongs to the Government of National Capital Territory of Delhi. True it is, be it noted, on earlier occasion this Court had directed for demarcation. Mr. N. Waziri, learned Standing Counsel for GNCTD has stated that demarcation has not yet taken place but the State Government has no grievance if Uttar Pradesh Irrigation Department constructs a wall without disturbing the infrastructure facilities which are available to the residents of Aali Vihar. At this juncture, Mr. Anil Mittal, learned Counsel for the Uttar Pradesh Irrigation Department after obtaining instructions from Mr. V.K. Aggarwal, Executive Engineer, Department of Irrigation, Uttar Pradesh, has fairly stated that the construction shall be restricted to the land which belongs to the State of Uttar Pradesh and the said department shall not raise any construction on any land which belongs to the Government of National Capital Territory of Delhi. Be it noted, when it is stated that the construction shall take place only on the land which belongs to the Uttar Pradesh Irrigation Department, it means that they must have a clear right, titled and interest over the same but not a claim as a possessory right. Liberty is granted to the Irrigation Department of Uttar Pradesh and the Government of National Capital Territory of Delhi to sit across the table to settle the dispute, if any, amicably, inasmuch as this Court has not expressed any view with regard to the merits of the case.

If the Petitioner has any grievance or claim with regard to the easement right or any other kind, it is open to them to institute a civil suit as advised in law. The writ petition is accordingly disposed of. Needless to say, as the writ petition stands disposed of, the interim order stands vacated.