The Delhi High Court has imposed costs of Rs 5 lakh on a person for illegally enjoying a public property for 25 years..While imposing costs, the Court observed that the appeal filed by Delhi resident Ashok Atree was a gross abuse of the process of law, as he and his family members resorted to false litigation to encroach upon and take possession of valuable public land..The judgment was passed by a Single Judge Bench of Justice Valmiki Mehta in an appeal against a trial court order dismissing Atree’s suit claiming ownership over a strip of land adjoining two public parks on either side of his residence..In 1994, there was a dispute between the two brothers of Atree, resulting in an ex parte stay on vacation of the property. After the suit was dismissed and the stay order on vacation was lifted, officials of the Municipal Corporation of Delhi (MCD) made an attempt in August 2004 to demolish the boundary wall and the grills installed in front of the land..Thereafter in 2005, Atree filed another suit seeking a prohibitory injunction against the MCD to restrain it from interfering with his rights in the land..The trial court, however, held that the Atree was not the owner of the land, and was in fact guilty of encroachment upon public land..In the appeal before the Delhi High Court, it was argued that the land was never part of the layout of the colony, and that it always remained in the possession of the appellant, his brothers, and their forefathers..It was also pleaded that there was a Demarcation Report of 1974, which showed the possession of the land in favour of the father of Atree as recorded by the revenue officials..The MCD, on the other hand, pleaded that the suit was filed by Atree in connivance with his brother, even though MCD had already taken possession over the land in 2004. The brothers had also tried to re-encroach upon the land, MCD claimed..Additionally, the Court was informed that an FIR was registered against Atree’s brother for demolition of the wall of the park and for making unauthorized installation of gates in the park..Agreeing with the submissions made by the MCD, the Court observed that Atree had not filed any ownership documents of the suit property..“The suit is in continuation of the illegal litigation initiated by the appellant/plaintiff and his family members inasmuch as the subject suit was filed on 23.04.2005, after the earlier suit filed by the brother of the appellant/plaintiff, Sh. Krishan Gopal Atree, was dismissed and restoration application was also dismissed, thereby the ex parte stay was vacated.”, it recorded..It further stated that the MCD has been burdened with this illegal litigation for around 25 years, while Atree and his family members illegally used the land under false interim orders..“In fact, such circumstances of seeking encroachment on public lands have now become a serious malaise in the society and it is necessary that the courts come down with heavy hands on such unscrupulous persons who try to encroach upon public property.“.Though the Court mulled over imposing costs of Rs. 25 lakh on Atree, it finally ended up imposing costs of Rs. 5 lakh..“This appeal, therefore, being a gross abuse of the process of law is dismissed with costs of Rs. 5,00,000/- payable to respondent/defendant inasmuch as it is found that the appellant/plaintiff and his family members including the brother have resorted to false litigation to encroach and take possession of valuable public land.“.Atree was represented by Advocates Dr. Farrukh Khan and M Sadiq Khan. Advocate Kapil Dutta appeared for MCD..Read the Judgment:
The Delhi High Court has imposed costs of Rs 5 lakh on a person for illegally enjoying a public property for 25 years..While imposing costs, the Court observed that the appeal filed by Delhi resident Ashok Atree was a gross abuse of the process of law, as he and his family members resorted to false litigation to encroach upon and take possession of valuable public land..The judgment was passed by a Single Judge Bench of Justice Valmiki Mehta in an appeal against a trial court order dismissing Atree’s suit claiming ownership over a strip of land adjoining two public parks on either side of his residence..In 1994, there was a dispute between the two brothers of Atree, resulting in an ex parte stay on vacation of the property. After the suit was dismissed and the stay order on vacation was lifted, officials of the Municipal Corporation of Delhi (MCD) made an attempt in August 2004 to demolish the boundary wall and the grills installed in front of the land..Thereafter in 2005, Atree filed another suit seeking a prohibitory injunction against the MCD to restrain it from interfering with his rights in the land..The trial court, however, held that the Atree was not the owner of the land, and was in fact guilty of encroachment upon public land..In the appeal before the Delhi High Court, it was argued that the land was never part of the layout of the colony, and that it always remained in the possession of the appellant, his brothers, and their forefathers..It was also pleaded that there was a Demarcation Report of 1974, which showed the possession of the land in favour of the father of Atree as recorded by the revenue officials..The MCD, on the other hand, pleaded that the suit was filed by Atree in connivance with his brother, even though MCD had already taken possession over the land in 2004. The brothers had also tried to re-encroach upon the land, MCD claimed..Additionally, the Court was informed that an FIR was registered against Atree’s brother for demolition of the wall of the park and for making unauthorized installation of gates in the park..Agreeing with the submissions made by the MCD, the Court observed that Atree had not filed any ownership documents of the suit property..“The suit is in continuation of the illegal litigation initiated by the appellant/plaintiff and his family members inasmuch as the subject suit was filed on 23.04.2005, after the earlier suit filed by the brother of the appellant/plaintiff, Sh. Krishan Gopal Atree, was dismissed and restoration application was also dismissed, thereby the ex parte stay was vacated.”, it recorded..It further stated that the MCD has been burdened with this illegal litigation for around 25 years, while Atree and his family members illegally used the land under false interim orders..“In fact, such circumstances of seeking encroachment on public lands have now become a serious malaise in the society and it is necessary that the courts come down with heavy hands on such unscrupulous persons who try to encroach upon public property.“.Though the Court mulled over imposing costs of Rs. 25 lakh on Atree, it finally ended up imposing costs of Rs. 5 lakh..“This appeal, therefore, being a gross abuse of the process of law is dismissed with costs of Rs. 5,00,000/- payable to respondent/defendant inasmuch as it is found that the appellant/plaintiff and his family members including the brother have resorted to false litigation to encroach and take possession of valuable public land.“.Atree was represented by Advocates Dr. Farrukh Khan and M Sadiq Khan. Advocate Kapil Dutta appeared for MCD..Read the Judgment:
