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Judgment
D. N. Patel, J
CM APPL.27340/2020 (exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
REV. PET. 168/2020 (seeking review of judgment dated 14.08.2019) & CM APPL.27339/2020 (Stay) in W.P.(C) 2397/2018
This review petition has been preferred for review of our order dated 14th August, 2019 passed in W.P.(C) 2397/2018.
We have heard the learned counsel for both the sides. Looking to the facts and circumstances of the case, it appears that this Court has already
disposed of W.P.(C) 2397/2018, which was a public interest litigation praying for removal of the encroachment from the water body. We observed in
paras 3 and 4 of the order dated 14th August, 2019 in the aforesaid writ petition as under:
“3. It appears from the facts of the present case that there is encroachment at land situated at Khasra No.37/29 of Village Bankner,
Delhi which is basically a water body. This encroachment had to be removed by the respondents. Thus, an amount of Rs.45.85 lakhs has
been given by respondent No.1 to the respondent No.3 through Delhi State Industrial and Infrastructure Development Corporation Ltd.
(DSIIDC). Despite the aforesaid amount having been transferred, the encroachment has not been removed.
In view of these submissions, we hereby direct the respondent No.1 to remove the encroachment with the help of other respondents from
Khasra No.37/29 at Village Bankner, Delhi which is approximately admeasuring 14 Bighas and 04 Biswas. The encroachment will be
removed in accordance with law, rules, regulations and Government policy applicable to the facts of the present case and after giving
adequate opportunity of being heard to the concerned parties/encroachers. This exercise will be completed as early as possible and
practicable.â€
(emphasis supplied)
In view of the aforesaid observations, it is clear that the concerned respondent authorities after giving adequate opportunity of being heard to all the
parties concerned, including the applicant of this Review Petition No. 168/2020, shall decide whether there is any encroachment or not in accordance
with law, rules, regulations and Government policies applicable to the facts of the case and also on the basis of the evidences given by the parties
including the original petitioner and including this applicant in civil review petition.
We also make it clear that the concerned respondent authorities shall decide the aforesaid issue of encroachment independently and without being
influenced by the order in this review petition as expeditiously as possible and practicable.
With this observation this review petition is disposed of. Pending application also stands disposed of.