+ W.P.(C) 5591/2014
DELHI WAKF BOARD ..... Petitioner Represented by: Mr. Prashant Katara, Adv.
versus
GOVERNMENT OF N.C.T. OF DELHI & ORS. ..... Respondents Represented by: Mr. Sanjeev Goyal, Adv. for R1 and R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Notice issued to respondent nos. 1 and 2.
2. Ld. Counsels named above accept notice on behalf of the said respondents.
3. Vide the present petition, petitioner seeks direction thereby directing respondent no. 1 to execute the order dated 18.02.2008 passed by the Waqf Board and get the encroachment removed on Khasra No. 324, Village Hauz Khas, New Delhi, with the help of respondent no. 2 and deliver the possession of the said land to the petitioner Board.
4. Ld. Counsel appearing on behalf of the petitioner submits that by way of a Gazette Notification on 16.04.1970, the aforesaid land was transferred to the petitioner Board.
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5. Ld. Counsel submits that since 1870 till date the said land has been earmarked for the purposes of Kabristan / Graveyard. Upon inspection by the Petitioner Board in the year 2003, it was found that the land earmarked for the purposes of Kabristan / Graveyard has been encroached by one Sh. Suraj Bhan and as such the said land could not be used as Graveyard