RAM KAUR Vs. UNION OF INDIA
LAWS(DLH)-2018-3-64
HIGH COURT OF DELHI
Decided on
March 13,2018
RAM KAUR
Appellant
VERSUS
UNION OF INDIA
Respondents
JUDGEMENT
MUKTA GUPTA,J. -
(1.)At the outset learned counsel for the petitioner does not press Crl.M.A. 4670/2018 by which he had sought the relief that no coercive action be taken against the petitioner during the pendency of the present petition.
(2.)Application is dismissed as withdrawn. By this petition the petitioner seeks the following prayers:
"a) Issue a writ/ writs, direction/ directions in the nature of writ of mandamus directing the respondent number 2 and 3 to conduct an enquiry with regard to the resolution dated 28 th of January 1943 and the action initiated upon the same.
b) Issue a writ/ writs, direction/ directions in the nature of writ of mandamus directing the Union of India the respondent No.1 to initiate action against the guilty officers for forging the DIT resolution dated 28th of January 1943 particularly when such resolution was admitted by the officials of the respondent number 2 and 3.
c) Issue a writ/ writs, direction/ directions in the nature of writ of mandamus to compensate/ rehabilitate the petitioners after the duo enquiry in order to protect the interest of aggrieved person.
d) Pass such further order/ orders as to this Hon'ble Court may deem fit and proper in the interest of justice."
(3.)Learned counsel for the petitioner opened his argument contending that on the strength of a wrong statement made before the Court the respondent sought orders from this Court and the hon'ble Supreme Court. When this Court wanted to know about the wrong statement made before this Court, learned counsel for the petitioner referred to the Minutes of the Meeting held between the Vice-Chairman DDA and Commissioner MCD as per directions of this Court in LPA 58/2005 wherein in the conclusions of the second meeting it was noted that the following decisions were taken including:
"..... Looking into the ground realities and the fact that two prime pieces of public land have been grabbed using forged documents, DDA should take action to retrieve them at the earliest. It was noted that an FIR with regard to the forgery has already been filed."
(2.)Application is dismissed as withdrawn. By this petition the petitioner seeks the following prayers:
"a) Issue a writ/ writs, direction/ directions in the nature of writ of mandamus directing the respondent number 2 and 3 to conduct an enquiry with regard to the resolution dated 28 th of January 1943 and the action initiated upon the same.
b) Issue a writ/ writs, direction/ directions in the nature of writ of mandamus directing the Union of India the respondent No.1 to initiate action against the guilty officers for forging the DIT resolution dated 28th of January 1943 particularly when such resolution was admitted by the officials of the respondent number 2 and 3.
c) Issue a writ/ writs, direction/ directions in the nature of writ of mandamus to compensate/ rehabilitate the petitioners after the duo enquiry in order to protect the interest of aggrieved person.
d) Pass such further order/ orders as to this Hon'ble Court may deem fit and proper in the interest of justice."
(3.)Learned counsel for the petitioner opened his argument contending that on the strength of a wrong statement made before the Court the respondent sought orders from this Court and the hon'ble Supreme Court. When this Court wanted to know about the wrong statement made before this Court, learned counsel for the petitioner referred to the Minutes of the Meeting held between the Vice-Chairman DDA and Commissioner MCD as per directions of this Court in LPA 58/2005 wherein in the conclusions of the second meeting it was noted that the following decisions were taken including:
"..... Looking into the ground realities and the fact that two prime pieces of public land have been grabbed using forged documents, DDA should take action to retrieve them at the earliest. It was noted that an FIR with regard to the forgery has already been filed."
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