Bharat Lal vs The State of NCT of Delhi and Others

Shiv Narayan Dhingra, J.—This petition has been filed by the Petitioner with a prayer that the Court should direct the investigation into the subject matter of petition by an independent agency, preferably CBI, and should direct police officials to take action against other Respondents who were trying to unlawfully possess the property of the Petitioner.

The Petitioner is a resident of jhuggi basti called Punjabi Basti, Anand Parbat situated on government land. Alongside the jhuggi of Petitioner there is some vacant land and on the other side, there is jhuggi of Dilip Respondent No. 12. Respondents No. 10, 11 & 13 are family members of Dilip and Respondents No. 14 & 15 are other residents of jhuggi basti. As per the facts revealed from the record and documents, the Petitioner tried to take possession of this land belonging to DDA and it was objected by Respondent No. 12. The police was called and thereafter started a series of complaint made by the Petitioner and his wife and threats given to the neighbors i.e. Dilip and others. The Petitioner alleged that he was injured in one of the incidents. He went to hospital for getting his MLC done in hospital. The doctor conducting MLC gave opinion that it was a self-inflected injury. PCR was called at the spot 2-3 times because of the quarrel over issue of possession of this vacant land and police after verification concluded that it was the ''Petitioner'' who was trying to encroach upon DDA land. The Petitioner has already filed a complaint case u/s 200 Code of Criminal Procedure before the MM. He has also filed a Civil Suit.

Under these circumstances, I find that this petition filed by the Petitioner was not maintainable and the Petitioner was misusing the process of law in order to build up pressure for purpose of encroaching upon DDA land/government land. The petition is hereby dismissed being a frivolous petition.