Delhi HC issues notice to persons who forged lease deed to create title on government land
Feb 01, 2023
New Delhi [India], February 1 : The Delhi High Court on Wednesday issued notice to three persons of a family who forged the lease deed and used it to create a title on the government land.
The matter pertains to the Lajpat Nagar 3 area of South Delhi.
The High Court also issued directions to the Land and Development Office (L&DO) and MCD to demolish the unauthorised construction and remove the encroachment on the government land in question.
Justice Prathiba M Singh issued notice to three respondents and directed them to file a reply within two weeks.
The court directed them to file their response on why not a proceeding for perjury should be initiated for forging a document and filing in court.
While issuing the notice the High Court took note of the submissions made by the L&DO that the lease deed was verified and it was found to be forged and the respondents has no right on the land in question, the L&DO said.
The court said that the documents were fabricated and forged to create a title on the government land.
The three respondents moved an application for modification of the order of demolition passed by the court on January 18. They filed the lease deed along with the plea.
The court rejected the submission of the counsel for the respondents that the lease deed was genuine and they are residing in the property since 1963. The land was allotted to the deceased father of the respondents.
Justice Singh orally said, "the court knows how these things take place. The fact is that the sale deed is forged.
Don't try to defend your clients. You are an officer of the court. Stop this kind of conduct, justice Singh orally remarked.
The court directed that the L&DO and MCD officials shall take action in one week in terms of order passed on January 18.
The officers of L&DO and MCD shall remain present at the time of taking possession after the demolition. The SHO of police station Lajpat Nagar shall provide all the cooperation in demolition.
The said action of demolition and removal of encroachment shall take place on February 4 at 11 am.
The court has directed the L&DO and MCD to file their further status report on the next date of the hearing.
The matter has already been listed on February 27 for further hearing.
The high court was hearing a petition moved by Lajpat Nagar 3 neighbourhood welfare Association.
The petition moved through Advocate Ritika Khanagwal stated that there is an illegal occupation on vacant public land in block I, between I-9 and I-10.
The respondents have constructed a house and have represented to the authorities that the same has been allotted to them by L&DO, the petition stated.
It was also submitted that they were further trying to illegally construct and occupy the unallotted land. Thereafter, the association intervened and got the construction stopped.
During the hearing on January 18, the Land and Development Office (L&DO) informed the court that the permanent construction has been carried out illegally on the government land and they have written a letter to the MCD to take necessary action for removal of encroachment.
In view of the submissions, the court had directed the MCD and police to take action to remove encroachment within 2 weeks and file the compliance report.