The Delhi High Court has stayed an alleged illegal construction of a Kendriya Vidyalaya Sangathan on a private vacant land in Shahdara on the plea by the owner of the land.
Justice Anu Malhotra directed the Kendriya Vidyalaya Sangathan from raising any structural construction on the disputed piece of land till the next date of hearing on October 25.
Last week’s order
“The respondents are restrained from raising any structural construction on the land property bearing no. 634-407/402/408 of village Uldhanpur, Shahdara, Delhi as also Khasra bearing no. 222/200/2/38 of revenue estate village Chiraga Sumali,” read the High Court’s order issued last week.
Trial court order
The petition, filed by one Gulam Qutubbudin Sabri, challenged a trial court order dismissing his application to restrain Kendriya Vidyalaya Sangathan from making any construction activity in the vacant plot.
The trial court had on July 31, 2018 dismissed his plea on sole ground that on the date of filing the suit the petitioner was not in the possession of the property.
Mr. Sabri’s plea before the High Court filed through advocate C.S. Rathour said that the trial court order was passed without fair and proper application of judicial mind.
Mr. Rathour argued in the plea that his client and other co-sharers were already held to be recorded owners-in-possession of the vacant land as per the Revenue Records.
The petition also sought direction for the appointment of Local Commissioner preferably the Sub-Divisional Magistrate (Shahdara), with a direction to visit the suit land and find out whether the ongoing construction activities is being done on the suit land shown in the site plan.