JK Govt evicts 35 encroachers in New Delhi

New Delhi/Srinagar, November 01 (Scoop News) –  Minister of State for Home,  Nasir Aslam Wani along with  Abdul Maajid Ganai, Incharge Resident Commissioner, SSP CID Cell and A.E.E, PWD, Subdivision New Delhi visited Rajaji Marg here today where 35 encroachers were evicted after a gap of more than 3 decades and about 2 kanals of state land worth several crores was retrieved and restored to the State Govt.

While briefing the Minister, the Resident Commissioner informed him that in the capacity of Estates Officer for State Properties under the PP Act, 1971, these encroachers were served eviction notices individually and were given ample opportunity of being heard to prove their ownership rights on this encroached land. Nevertheless, the encroachers failed to produce any documentary evidence whatsoever and consequently, the Estates Officer passed eviction orders against them. The encroachers did not exercise their right of appeal under the PP Act but filed a Writ Petition in the High Court, Delhi under Article 226 of the Constitution of India. The Standing Counsel of the Govt. of J&K in Delhi in close coordination with the Estates Officer fought the case and eventually got the writ petition of the encroachers dismissed. The High Court held that the petitioners are indisputably illegal occupants of the state land. Before the Estates Officer could go for forcible eviction of the encroachers in pursuance of the High Court order, they filed another writ petition in the court of another Judge on a different ground besides seeking stay on the eviction orders. The case was again fought vehemently while also taking recourse to the dismissal of the Writ Petition by the first Single Judge. The second Single Judge also dismissed the Writ Petition of the encroachers and sought an affidavit from them to the effect that they will vacate the premises on their own on the October 27, 2011.

The encroachers did not stop here but went into an appeal by filing an LPA before the Division Bench of the High Court headed by the Chief Justice. The LPA was contested with full force on legal and technical ground of course on the strength of favorable orders passed by the two Single Judges. Consequently the Division Bench dismissed the LPA on October 24, 2011 and upheld the orders of the Single Judge, where under encroachers were directed to vacate State land by October 27, 2011.

The Minister was apprised that in view of the three judgments passed by the High Court of Delhi, the Estates Officer, without wasting even a day, went ahead with the demolition of the encroached property with the help of PWD, Delhi Police etc. and thus retrieved the encroached land to the State, that too without any untoward incident.

            The Minister appreciated the action taken by the Estates Officer and his team besides lauding the role of all the agencies that were associated with the demolition. 

            The Minister was shown the design prepared by PWD Wing regarding the construction of proposed guest house on the Rajaji Marg land which he very keenly discussed with the Resident Commissioner and A.E.E (PWD), keeping in view the requirements and other related ramifications.

The Minister suggested a number of valuable changes in the design and also gave worthwhile advice for the rehabilitation of employees who may get displaced in the process. In this context, A.E.E, PWD was advised to come up with some more options besides immediately surrounding the area with a boundary wall.