Mere Possession Of Tehbazari Right Does Not Entitle Occupant To Usurp Govt Land, Raise 'Pucca' Construction: Delhi High Court

The Delhi High Court has observed that mere possession of a Tehbazari right does not entitle the occupant to usurp the Government land or to raise 'pucca' construction over it.

Justice Gaurang Kanth was dealing with a plea filed by one Ved Prakash Manchanda seeking directions on the authorities to regularise his long and continuous occupation in his favour in respect of premises of a property in city's Madangir, by way of executing a Lease Deed or other document.

It was the petitioner's case that since 1990-91 he was enjoying this site as a Tehbazari site and the Respondents authorities used to collect License Fee, damages and penalty from time to time. The petitioner also claimed that electricity connection was sanctioned in his favour based on the 'No Objection Certificate' issued by the authorities.

The Petitioner argued that he received a Regularization Notice by the then Slum and J. J. Department, whereby he was called upon to pay the regularization charges within a period of 30 days. Thereafter, the Petitioner had deposited the sum, however, despite the payment and completion of all other formalities, no Lease Deed was executed by the authorities.

Aggrieved by the inaction of the authorities, the Petitioner approached the Secretary, Public Grievances Commission, Delhi Government seeking a direction to direct the Slum & J. J. Department of MCD to execute the sale deed in his favour.

The Petitioner had then filed a writ petition which was disposed of by High Court with a direction to the DUSIB to treat the writ petition as representation and to take a decision either to execute the sale deed or to pass a speaking order of rejection.

Hence, DUSIB passed a speaking order rejecting the petitioner's claim and held that he had trespassed Government land and was required to be evicted from the same Land. Subsequently, the premises was sealed.

The petitioner then filed an appeal against the order passed by Director (Vig.), DUSIB before the Lieutenant Governor of Delhi which also was dismissed. The petitioner had then approached the High Court challenging the order passed by Lieutenant Governor of Delhi.

It was the case of the DUSIB that the Petitioner was an encroacher of the Government Land and that the land was earmarked and was earlier being used as community lavatory or toilet. However, the same was encroached upon by the Petitioner whereupon a multi- storied building was constructed by him. No title documents were produced by the Petitioner to establish his right over the property in question.

The Court noted that the petitioner was neither the owner nor tenant qua the land in question, rather was is an illegal and unauthorised occupant of the Government Land.

"Mere possession of a Tehbazari right does not entitle the occupant to usurp the Government land. Tehbazari right does not entitle the occupant to raise pucca construction. In the present case, record reveals that the Petitioner has encroached upon the public utility land and has raised pucca construction which cannot be permitted," the Court observed.

Upholding the impugned decision, the Court dismissed the plea while directing the Respondents authorities to refund the amount deposited by the Petitioner, if any, after deducting the damage charges for using the said property.

"The Respondents are further directed to take immediate steps to retrieve the possession of the property in dispute from the Petitioner being the Government land and further put the same to use for the benefit of public at large as per the permissible land use," the Court directed. 

Case Title: VED PRAKASH MANCHANDA v. DELHI URBAN SHELTER IMPROVEMENTBOARD & ORS.

Citation: 2022 LiveLaw (Del) 810

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