Delhi High Court stays proposed demolition of 115 properties in Okhla by UP's irrigation department

New Delhi [India], May 30 : The Delhi High Court on Friday, in interim relief, stayed the UP irrigation department's proposed eviction/ demolition of 115 properties in Okhla.
The high court has sought the department's response. Residents of these properties have approached the court against the notice. Justice Sachin Datta, after hearing the submissions by counsel for the petitioners, issued notice to the Uttar Pradesh Irrigation Department.
The High court, after seeking a response from the respondent department, listed the matter for hearing on August 4. Advocate Dr. Farrukh Khan, counsel for the petitioners, submitted that the proposed eviction/demolition notice is arbitrary and illegal, as the department has no title to the land.
He sought a direction restraining Respondents/ their employees and agents from forcing the Petitioners to evict/remove/ demolish their respective properties situated in Khasra No. 277, situated as Muradi Road, Khizar Baba Colony, Jamia Nagar, Okhla, against which Respondents have issued Notices dated May 22.
Javed Ahmed and 114 others have moved a petition against the State of Uttar Pradesh and the Head Works Division Agra Canal Okhla, challenging the notices issued on May 22.
It is stated in a petition moved through advocate Ridhima Goyal that certain demolition, eviction and coercive action is proposed to be taken against properties/premises (commercial, residential, dwelling units), wherein the Petitioners have been residing, occupying, carrying on their business and have been in long and settled possession for more than several years, on account of the said properties/premises allegedly being on the land belonging to the Irrigation Department of the Government of Uttar Pradesh.
It is further stated that the suit titled "State Of Uttar Pradesh v Sh. Arjun & Ors" was instituted by the State of UP, against various individuals, including Petitioner Javed Ahmed, in the year 1991.
The said civil suit was instituted by State of UP seeking relief of recovery of possession and mesne profits against land admeasuring 108 Bighas and 17 Biswas in Khasra No.277, Village Okhla, Tehsil Mehrauli, New Delhi.
The civil judge dismissed the civil suit on December 13, 2005, because the Government of Uttar Pradesh has miserably failed to produce any ownership/title documents, original or photocopy, the plea said.
The higher court dismissed the First appeal against the order on January 13, 2011, and the order of the civil judge was upheld.
The petitioner said that the second appeal against the order of January 13, 2011, passed by the District Judge was also dismissed by the High Court on July 22, 2013, thereby upholding the order passed by the Trial Court.
It is mentioned that more than 12 years have lapsed, and no further appropriate legal recourse/action has been taken by the State of UP to challenge the said order, which, therefore, has attained finality.
It is contended that the notice/order issued on May 22 by the respondents was pasted on the walls of the different premises of the Petitioners for eviction and coercive action against the said Petitioners with respect to their respective properties. This notice is illegal, unconstitutional and an abuse of the exercise of sovereign power.