DDA Demolitions | Ambit Of Writ Court Does Not Extend To Resolving Intricate Disputes Over Boundary Delineations: Delhi High Court
The Delhi High Court has ruled that the ambit of a writ court does not extend to resolving intricate disputes over boundary delineations which require thorough examination of documents, surveys, maps, an assessment of their validity and ground study of areas. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that such tasks squarely fall within the...
The Delhi High Court has ruled that the ambit of a writ court does not extend to resolving intricate disputes over boundary delineations which require thorough examination of documents, surveys, maps, an assessment of their validity and ground study of areas.
A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that such tasks squarely fall within the expertise and jurisdiction of the statutory authorities which are constituted under relevant land statutes enacted by the State legislature.
“These specialized bodies are better equipped with the necessary technical expertise to navigate the complexities of land demarcation and are statutorily authorized to resolve such disputes, including considering the objections submitted by any aggrieved parties. Therefore, this Court finds itself constrained by its constitutional limits and the nature of jurisdiction invoked from delving into such technical assessments,” the court said.
The bench made the observations while dealing with a bench of pleas moved by various individuals claiming ownership over properties falling in city’s Mehrauli village.
The litigants raised a challenge to the demolition process of removing encroachments upon the Mehrauli Archaeological Park undertaken by Delhi Development Authority (DDA) to protect and preserve the park’s heritage.
It was the petitioners’ case that the DDA’s demolition order targeted unauthorized occupations in the vicinity of Ladha Sarai village and not their area and thus, the said orders do not extend to their properties.
The bench observed that the determination of technical and specialized matters involving interpretation of maps and analysis of geographical data is a function that goes beyond the traditional role and expertise of the court while exercising writ jurisdiction.
“Given these circumstances, this Court is not in a position to act as a civil court to affirm the Petitioners’ status as owners or lawful occupants of the properties in dispute, especially in light of the DDA’s strong opposition, based on their evaluation of the evidence provided. Such declarations are rightly within the jurisdiction of civil courts, where, through an appropriate trial, all evidence can be considered in its entirety,” the court said.
While abstaining from adjudicating the disputes rooted in factual determinations and outcomes embodied in the demarcation report, the court granted petitioners the right to present their case before the competent authority or courts which possess the statutory mandate to resolve the matter.
However, the court quashed the demolition notice issued to the petitioners since no intimation was issued to them as mandated by the provisions of the DDA Act.
“Consequently, we direct the DDA to commence the process anew, ensuring that all Petitioners are accorded a fair and reasonable opportunity to be heard in accordance with proviso to Section 30(1) of the DDA Act, before any further demolition action is initiated. This exercise shall be completed within a period of three months from today,” the court said while disposing of the plea.
Title: DARGHA NAJEEBUDDIN FIRDOUSI v. DELHI DEVLOPMENT AUTHORITY & ANR.
Citation: 2023 LiveLaw (Del) 1101