PENDING COURT CASES, DEPARTMENT OF FORESTS AND WILDLIFE, GNC

A. Supreme Court of India

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

SOUTH

S.N.

Pehlad V/s. L.G.

& Ors.
(Village:
Jaunapur)

Mani & Company DCF(S)

V/s. L.G. (Village:
Dera Mandi)

SLP (C) No.

21607/05

Sh. Alha & ors.

Vs L.G. (Village:
Dera Mandi)

DCF(S)

SLP (C) No.

2292 , CC
348/06

Shri. Bhulli & ors DCF (S)

vs L G (Village:
Ayanagar)

SLP (C) No.

2291 , CC
335/06

Shadi Ram vs.

LG (Village:
Dera Mandi)

DCF (S)

SLP (C) No.

2290/06

M.C. Mehta V/s.

UOI & Ors.

DCF (S)

W.P.(C)
4677/1985
IA1785

DCF(S)

SLP (c) No. Claim of Bhumidhari.

22079/2005 SLPs have been filed
against
orders
of
Divisional Bench of
Hon'ble High Court.

A host of issues; For

DelhiBanning
on
Illegal Mining and issues
related to Ridge

These SLPs have been filed by petitioners

against the order of the Division Bench of
Delhi High Court. The petitioners had
approached Hon'ble Delhi High Court
challenging the issue of notification dated
24.5.94 & 2.4.96, and claiming title to
land in the Ridge on the basis of
cultivatory posession. The claims were
also for easement rights to private lands
comprised within the Ridge. High Court
dismissed the petitions with the Common
order dated 13.5.05 on the ground that the
petitioners are rank tresspassers on govt.
land and have no justified claim to the
land. The petitioners have filed the SLP
against the order. SC has ordered for
maintenance of status quo in relation to
posession.

The case arises out of suo motu

cognisance taken by the Court on press
reports about illegal mining and
encroachments in Delhi Ridge. Court had
ordered Delhi Govt. to file a reply and
take effective action against illegal
mining.

Friends of
Jahanpnah City
Forest V/s U.O.I.
& DDA

10

DCF (S)

[Link]
petition (C)
No. 244/03

Protection
Forest

Harish N. Salve
DCF (S)
Vrs. GNCTD and
Ors.

WP(C)No.
2212/08

Felling of Trees

Center for
Environmental
Law Vs UOI &
Others

WP(C)
No. 337/95

for betterment of
for betterment of Protected areas and
Protected areas and vigil Vigil Mechanism

10

Ridge Bachao
DCF (W)
Andolan Vs DDA
& ors

WLO

of

City Contempt petition filed by petitioner for

contravention of Supreme Court order
dated 13.8.1991. Supreme Court had
directed that DDA shall not allow any
constructions and encroachments etc. to
take place inside Jahanpanah City Forest
and had directed Conservator of Forests
(Central), Govt. of India, to periodically
inspect the area. Later on, petitioner has
filed a contempt petition against DDA and
other authorities for not complying with
the orders of Hon'ble Supreme Court.

DDA is constructing badminton and

squash courts at Siri fort for CWG -2010.
The Department has granted permission
for felling of trees for the purpose after
following the procedure under DPTA.

IA no. 1463 For considering 660 ha Vasant Kunj Malls

near Vasant Kunj as
Ridge; hence to prevent
allowing Vasant Kunj
Malls ; matter clubbed
with TN Godavarman
case ([Link]. 8).

11

11

T N Godaverman DCF (W)

Thirumalpad vs
UOI

12

12

Prof. Imtiaz
Ahmed Vs. NCT
of Delhi

WPC NO.
202/05,IA
NO 1192

DCF (W)

CEC report on 660 ha

Land off Vasant Kunj for
notification as Wildlife
Sanctuary
The
petitiioner
is Identification of Ridge land
agitating that Ridge land
in Rajokari has been left
out while demarcation
by
the
Revenue
Department

B. High Court of Delhi

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

SOUTH

S.N.

Sanjeev Malhotra DCF (S)

V/s. L.G. of Delhi
& ors.

CWP
14380/04

Banwari Lal V/s.

UOI & Ors. CM
11437/04

Suit no.
Possession & protection
959/99, LPA of land Kh. No. 92
858/04, CM Sahoorpur
11437/04

DCF (S)

Cultivatory Possession
of Land

Petitioner claims to own several khasras

of land in village Asola namely 424, 426,
803min, 821min, 828min, 829min, 862,
863, 864min, 868min, 1521 over which he
has constructed a farm house. Khasra
no.1521 is covered under notification
dated 2.4.1996, which the petitioner
challenges on the ground that the land was
neither suplus nor uncultivated. The
petition is for recognition of his title to
khasra no.1521 on grounds of cultivatory
possession.

Resident of
DCF (S)
Freedom Fighters
Association Neb
Sarai V/s. U.O.I.
& ors

CWP no.
13428/06

Quashing of Notification Petitioner has challenged inclusion of

dt. 02.04.96 for Kh. No. certain khasra nos. in village Neb Sarai in
42 Neb Sarai
the notification dated 2.4.96 as surplus
gaon sabha land on the ground that they
have been in possession of the land since
1983, and it was already built up when
notification dated 2.4.96 was issued

Laliteshwar
DCF (S)
Kumar Chaudhari
Vs GNCT of
Delhi & Others

WP(C)
Quashing of Notification
12984/2006 dt. 02.04.96 for Kh.
No.24 & 16 of Neb
Sarai

Tatinder Kumar
DCF (S)
Kathuria & others
Vs GNCT of
Delhi & others

WP (C) no.
12695705/06

Quashing of Notification Petitioner has challenged inclusion of

dt. 02.04.96 for Kh. No. certain khasra nos. in village Neb Sarai in
26 Neb Sarai
the notification dated 2.4.96 as surplus
gaon sabha land on the ground that they
have been in possession of the land since
1983, and it was already built up when
notification dated 2.4.96 was issued

Smt. Kishni Devi DCF (S)

& ors vs GNCT
OF DELHI &
ORS.

Suit No.
1459/2006

Quashing of Notification Petitioner has challenged inclusion of

dt. 02.04.96 for Kh. No. certain khasra nos. in village Neb Sarai in
27 Neb Sarai
the notification dated 2.4.96 as surplus
gaon sabha land on the ground that they
have been in possession of the land since
1983, and it was already built up when
notification dated 2.4.96 was issued

Petitioner has challenged inclusion of

certain khasra nos. in village Neb Sarai in
the notification dated 2.4.96 as surplus
gaon sabha land on the ground that they
have been in possession of the land since
1983, and it was already built up when
notification dated 2.4.96 was issued

Sunaina Devi Vs DCF (S)

UOI & ors

WP (C) No. Unlawful possession of

2493 /06
Land of Yog Maya
Mandir
&
Illegal
Construction

Kalyan Sanstha
Social welfare
Association Vs
UOI

DCF (S)

WP(C)
4582/2003

Removal of unauthorised
constructions over public
land; Protection of G S
& ridge Notified Land

Anant Raj
DCF (S)
Agencies Pvt Ltd
Vs MCD & others

WP(C)
20153-54 /
2005

To clarify Status of Land Petitioner owns land in village Bhatti,

of petitioner in Bhatti
where he wants to construct a motel.
MCD has declined permission on the
ground that DDA has declared the area as
falling in the Regional Park. DCF(South)
has earlier clarified that land in not
included in notification dated 2.4.96.

10

10

Jazz Electronics DCF (S)

Pvt Ltd vs State of
Haryana

CW P No.
12103/05

Inter State
Dispute

11

11

Darshan Singh
V/s. State of
Haryana & Ors.

DCF (S)

CW P No.
184/2005

12

12

DCF (S)

4/94-95

13

13

Conservator of
Forests Vs
Manorama
Bhatnagar
Conservator of
Forests Vs
Laxman Prasad

DCF (S)

4/94-95

14

14

4/94-95

15

15

Conservator of
DCF (S)
Forest Vs Vir
singh & Ors
Conservator of
DCF (S)
Forest Vs Jagdish
Chander & Anr.

4/94-95

Boundary

Petition Against
Judgement of ADJ to
Stay the order & re;ease
of Land Compenssation

It is the claim of petitioners that their land

in village Tughlakabad was acquired by
LAC vide Award No.4/94-95. They had
challenged the compensation amount and
had got a handsome award from High
Court, resulting in payment of more than
132 crores for 142 bighas of land. The
petitions filed by Govt. in Supreme Cour
did not find favour with Supreme Court
and the cases went in for execution of
decree. At this stage, Govt. discovered
that the lands in question were "Gair
Mumkin Pahar" and Banjar Kadim" and
should have been vested in the Gaon
Sabha in terms of section 7 of Delhi Land
Reforms Act,1954. Accordingly, Govt.
filed an objection on the ground that the
petitioners had no claim to the land, and
the real owner of the land was Gaon
Sabha. The Joint Petition has been filed
with Director (Panchayat) stating that
LAC had passed the award mistakenly due
to ommision on the part of revenue
officials to mutate the land in favour of

did not find favour with Supreme Court

and the cases went in for execution of
decree. At this stage, Govt. discovered
that the lands in question were "Gair
Mumkin Pahar" and Banjar Kadim" and
should have been vested in the Gaon
Sabha in terms of section 7 of Delhi Land
Reforms Act,1954. Accordingly, Govt.
filed an objection on the ground that the
petitioners had no claim to the land, and
the real owner of the land was Gaon
Sabha. The Joint Petition has been filed
with Director (Panchayat) stating that
LAC had passed the award mistakenly due
to ommision on the part of revenue
officials to mutate the land in favour of
Gaon Sabha. The Court of Execution has
decided against the Govt. and Director
(Panchayat) and CF have filed an appeal.

16

16

Conservator of
DCF (S)
Forests Vs Vinod
Kumar

4/94-95

17

17

Conservator of
Forests Vs Hari
Chand

DCF (S)

4/94-95

18

18

Conservator of
DCF (S)
Forests Vs Ashok
Kumar Aggarwal

4/94-95

19

19

Raj Kumar & Ors DCF (S)

Vs GNCT of
Delhi

WP(C)
19123/06

Claim of allottment
under
20-point
programme
and
challenge demarcation of
kh.
No.
225
of
Chattarpur

20

20

Rohit Prasad Vs
MCD / DDA

WP(C)
16338/06

For NOC for his land in The petitioner owns private land in village
Dera Mandi
Dera Mandi and wants to build a farm
house on the land. MCD has declined to
approve building plan on the ground that
DDA has held the land to fall within
Regional Park. DCF(South) has, in the
past, clarified that the land is not included
in the notification dated 2.4.1996.

DCF (S)

The petitioners have constructed building

on land, which as per demarcation falls
under Khasra No.225, village Chhatarpur.
The petitioners claims that the land is part
of khasra nos.223 & 224. Khasra No.225
is part of the reserved forest, while khasra
no.223 & 224 are gaon sabha lands on
which unauthorised colony Chhattarpur
Enclave

21

21

Sh. Udmi Ram Vs DCF (S)

MS Kamal Preet

Cont. CWP Claim of Bhumidhari

No.3441/99

Petitioners claim to be allottees of land in

[Link].122 & 124 in village Dera
[Link] Delhi High Court
for declaring Bhumidari Rights in the land
during 1998, when High Court ordered
status quo. The case was remanded by
High Court to Revenue Authority for
determining the claim of the petitioner on
merits, and ordered stay till the disposal of
the case. While the case is still pending
with RA, the building of petitioners on the
above lands were demolihed partly during
January 2007. The petitioners have filed
this contempt petition.

22

22

Rati Ram & ors

V/s. UOI & ors

DCF (S)

C.W.P. N o. Claim of Bhumidhari in The petitioner was trying to encroach

2784/07
village Dera Mandi
upon govt. land by erecting a gate on a
passage existing in a fence constructed by
Forest Department to protect its lands.
The passage was left to allow access to
some private lands which are surrounded
by Forest lands. As erection of gate
restricted the entry of forest department to
forest lands, and it was on ridge land, it
was demolished. Petitioner has filed this
petition.

23

23

Manoj Kumar &

Ors V/s. GNCT
of Delhi

DCF (S)

WP (C) no. Allowing encroachment Petitioners have moved the petition

9247 - 49/06 of Ridge land
against the occupation of forest land in
[Link].659 village Bhati, by the owner of
[Link].581, who has constructed a temple
there. The said person allegedly felled
trees and encorached upon the land in
[Link].659 on 9.4.06 in full view of all
the law enforcing agencies.

24

K.P. Raghav V/s

Chief Secretary

DCF (S)

25

25

Navyuwak Gram
Vikas Samiti Vs.
GNCTD & Ors.

DCF (S)

26

26

Aman Suri Vs.

DDA & Ors.

DCF (W)
now with
DCF (S)

27

27

Jitender Singh
[Link]
Petroleum
Corporation Ltd.,
Dhaula Kuan

DCF (W)
now with
DCF (S)

S.N.

1
28

WEST

24

Suit [Link]
O 2385/99

claim of release of The petitioner was awarded a contract

payment for undertaking during 1997 for planting 1 lakh saplings and
plantation/ maintenance
maintaining them for a period of three years
by Forest Department. However, the
contractor abandoned the contract during
late 1998 on the pretext of delay in release
of payments. He has now filed the petition
for release of payments, against the work
stated to have been done by him, and
damages. Hon'ble Court decided case in his
favour. Review petition has been filed

The Government had Against relocation of Sanjay Nagar Village.

included Sanjay Nagar in
notification issued for
constituting Bhatti WLS.
As per the directions of
Hon'ble Supreme Court,
the villagers are to be
relocated as per policy.

Felling of trees from MCD Land near

Rachna Cinema, Rajender Nagar.

CWP
6493/07

operation of retail outlet

of petrol pump at Dhaula
Kuan

Permission to situate the petrol pump in the

protected forest was accorded by GOI under
Forest Conservation Act, 1980 and GOI has
not directed that the site from which petrol
pump was functioning earlier should be
included in the protected forest.

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

Sh. Umed Singh

& Ors. V/s. NCT
of Delhi & Ors.

DCF(W)

C.W.P.661/0 Case closed

3

Land dispute in Sultanpur Dabas

29

Jan Kalyan Samiti DCF(W)

Sagar Pur V/S.
GNCT & Ors.

CWP 804749/05

Land case of Nasir Pur

Removal of Juggies Situated on Gram

Sabha (Forest Land) at Nasirpur / East
Sagar Pur .

30

Balbir Singh VS
GNCT of Delhi

DCF (W)

CWP 13860- To protect G S & Ridge Petitioner has alleged encroachments on

61/06
Land
gaon sabha land in Rajokari village, and
inaction of govt. authorities on his
complaints.

31

Delhi Niwas
Group Housing
Society

DCF(W)

WPC
17972/05

Construction of Road in Removal of trees / hedges for construction

front of flat no. 20, 36 & of road in front of flat no. 20, 36 & 4242-57, Rohini
57, Ayodhya ENCLAVE , Rohini

32

Jagdish Rana &

DCF (W)
Others Vs Govt of
NCT & Others

WPC
4856/07

Matter pertains to the

encroachment on the
notified forest land at
Mukhmelpur. Counter
Affidavit to be filed by
18/12/2007

33

Vinod Kumar
DCF (W)
Jain. Ors. Vs Min.
UD & poverty
eleviation

W.P. C
2169/07

Constitution of RF

Declaring land behind Vasant Kunj Malls

as Reserved forests and prohibition of any
constructions thereon. DDA is developing
Aravalli Biodiversity Park on this land.

34

DCF(W)

IA No.
6362/08 in
suit no.
646/08

The Department is
constructing boundary
wall to protect ridge area
at Rangpuri which is
being objected by the
petitioner on the plea
that titles in respect of
Gram Sabha Land
notified as ridge are yet
to be settled.

The petitioner is agreed by inclusion of

land having his belongings within the
ridge area now being protected by
constructing boundary wall as per the
demarcation given by the Revenue
Department.

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

HQ

S.N.

Jawahar Singh
Saroha Vs. CF &
ors.

35

Con of Forest V/S DCF(HQ)

Sikram

CWP 468/00 Age determination

retirement

36

Bansal V/S Delhi DCF(HQ)

Admn.

SUIT
2309/00

Tree Guard

37

Forest
Department Vs
Hakku

CWP
880/04

Reinstatement
Backwages

& Appeal against Labour Court Award , No

Casual Service rendered in 1989

38

[Link] Vs
DCF(HQ)
Forest Department

CWP
7317/03

Reinstatement
Backwages

& Prayer for implementation of Labour court

Award

39

Bhup Singh V/S

Dev Dept

DCF(HQ)

CWP
3013/07

Reinstatement
Backwages

& Appeal against Labour Court Award ,

Terminated from Casual Service in 1987

40

Bhup Singh V/S

Dev Dept

DCF (HQ)

Misc.
Backwages
petition
under 17B of
ID Act in
WP(C) No.
3013/07

DCF(HQ)

& Appeal against CAT order dated 4/9/98

giving benefit to the petitioner, Wrong
date of birth in service book , thereby
retirement
The tree guards were supplied in 1999 ,
but payment not released

Payment of backwages during the

pendency of Case No. WP(C) 3013/07

41

Surjeet Singh &

Others

DCF(HQ)

CWP
4501/02

Pay as per CCS(RP)97. Appeal filed by the Petitioners; Parity of

As per directions of Pay scale of Dy. Forest Renger with that
Hon'ble Court, matter of other UT
referred to 6th Pay
Commission

42

Workman Vs
Development
Commissioner

DCF(HQ)

CWP
14445/05

Parity of Labourer with Appeal filed by the petitioners against

Mali of CPWD
Labour Court Award equating the labourer
with the Mali of CPWD & payment of
Wages

43

Surjeet Singh &

others vs GNCT

DCF(HQ)

CWP
3357/06

Promotion
Ranger

44

10

NCT Vs Shyam
Sunder

DCF(HQ)

CWP2627/0 regarding
date
of Appeal against CAT order to regularise
7
regularisation and stay the the applicant from his regular Casual
on CAT order
service

45

S.N.

NORTH

WLO

S.N.

to

Forest appeal filed by the petitioner against CAT

order to Fill up the post of Range Officer
By way of Direct Recruitment .

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

Ritu Ansal Vs
State

WLO

2/C/WLI/II/2 Illegal Possession

000
Shatoosh Shawls

Of Illegal Possession Of Shahtoosh Shawls

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

46

Raghunandan
Sharma Vs DDA
& Others

DCF ( N)

WPC
15864/06

47

DDA V/s Kamal

Pahwa & ors.

DCF (N)

RFA No.
422/07

48

Karamveer Singh DCF (N)

& ors. V/s DDA
& Ors.

For Quashing & setting Quashing & setting aside the order of L G
aside the order of L G in in ridge matter 12/04/2006
ridge matter

Civil Suit
No. 1467/02

C Civil Court
S.N.

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

Sanjay V/s.
Jagdish Prasd

DCF (S)

MACT Case Accident Case of Veh.

No.99
No DI- 1cf-3678

Accident claim against departmental

labour who was driving official vehicle
when he hit a motorcycle.

Chandan Shahni
V/s UOI

DCF (S)

L.A.C. 9/98 Claim for land

compensation of village
Tuglakabad

Enhanced compensation for land acquired

for wild life sanctuary vide award no.1/9798

Khazan & Ors.

V/s UOI

DCF (S)

Suit no.
99/99

Approach road in Kh.

No,.630, vill- Ghoterni

Lakhmi Chand
DCF (S)
V/s UOI and Ors.

Suit
no.916/93

Approach road from kh

no 600, Ayanagar

Master Rajpal V/s DCF (S)

Satya Prakash

Suit
No.102/02

Claim of Bhumidhari

Sahej Ram V/s.

UOI & ors

Suit No.
124A/03

Claim of Bhumidhari

DCF (S)

Smt. Kanta Devi DCF (S)

W/o Dalchand Vs
UOI & Ors

Suit No.
1240/2006

Petition to Stay Payment Apportionment of Land Compensation.

of Land Compensation Dispute is between litigants regarding title
Tughalaka Bad
to land.

Mandi Velly Farm DCF (S)

Association V/s.
Secy. Env. & F, G.
N .C.T. OF Delhi

Suit no.
2257/2001

Approach road through

ridge land from kh no
600, Ridge Dera

Passage through Ridge to farm houses

Smt. Kalawati
Devi Vs DC F
( S ) / Dharam
Singh

DCF (S)

Suit No.
1240/2006

Claim of Passage

Department is constructing boundary wall

to protect the ridge. Plaintiff claims that
the boundary wall is being constructed on
her land in [Link].219 in village
Chhattarpur.

10

HCT Rajneesh
Kumar V/s.
DCF(S)

DCF (S)

MACT Case Accident Case of Bhim

no 05/408
Singh Driver , TATA
709-9208

Accident claim against departmental

driver who was driving official vehicle
tempo when he hit a pedestrian police
constable.

11

Okhla Industrial
Area Tempo
Transport Union
Vs GNCT

DCF (S)

Suit No
274/05

Parking of Vehicle &

Cutting of Tree

This is a dispute between private persons

about land use in okhla industrial area.
Forest Department got implicated due to
alleged tree offence by one of the
respondents, against whome no action has
been alleged to have been taken.

12

Gurumukh Singh
Vs GNCTD

D.C.F.(S)

Cutting of Tree

The application is filed in respect of the

DPTA

13

H-17, R.W.A
Sector-7, Rohini
V/s. DDA &
Secry.E.&
F.348/04

DCF(W)

Suit No /07

Tree cutting case

To prevent removal of peepal Tree

14

K G Bali Vs
MCD

DCF(W)

Suit No
348/07

Regarding Tree cutting

case

Regarding illegal cutting of trees by MCD

15

Ku. Vandana

D.C.F.(N)

Suit No
642/06

Succession Certificate , Succession Certificate , to collect debt in

to collect debt in respect respect of late Sh. Govind S/O Babu Lal
of late Sh. Govind S/O
Babu Lal

16

Kishori V/s. Govt. D.C.F.(N)

of NCT Of Delhi

Suit No.
105/05

Acquisition of Land at
Garhi Mandu Kh. No.
163

17

S K Talwar Vs
D.C.F.(N)
Menhandi Ratte &
GNCTD

6 Unauthorised Dev. of
Plantation on Societi
Land

Acquisition of2 Bigha Land at Garhi

Mandu Kh. No. 163 by GOI on 19/6/92

Res 1 & 2 has developed some plantation

in front of & back of their flats which is
common land which is illegal and is
encroachment of the Society Land .

D. Labour Court
S.N.

Title of Case

Officer
concerned

Case No.

Chaman Singh
Vs Forest Dept

DCF(HQ)

ID 25 / 05

Jogender Singh
Vs FD

DCF(HQ)

ID

Vijaypal V/S
Delhi admn

DCF(HQ)

ID 119/05

Ground facts of the

case / matters

Issue

Reinstatement &
backwages

Whether the services of the applicants

were terminated illegally in June 1989 ? If
yes whether they are entitled for Back
Wages & Continuty of Service.

Pallu Singh V/S

Dev Commi

DCF(HQ)

ID 70/03

Ajit Vs Forest
Dept

DCF(HQ)

ID209/04

Jai beer Vs
DCF(HQ)
Forest Department

ID 138/05

Smt. Renu Rana

Vs. Forest
Department

LCA 12/08

DCF (N)

Family pension benefits

E Deputy Labour Commissioner

S.N.

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Renu Rana Vs.

Conservator of
Forests

Assistant Labour Commissioner

S.N.

Title of Case

DCF(HQ)

Officer
concerned

appeal gratuity

Case No.

Issue

Ground facts of the

case / matters

6
Appeal against the order of Competent
Authority Payment of Gratuity to the near
relatives

Issue

Harkesh

DCF(HQ)

2006

reinstatement

Whether the termination of service is

Illegal ? If yes whether they are entitled
for Back wages & Continuty of Service

SMT. JanKi

DCF(HQ)

2006

Regularisation of
Deceased Casual
Labourer wef 1.3.91
prior to his death

Whether decaesed Sh Suresh is entitled to

be regularised as Labouer wef 1.3.91 ,
though he was expired during the
pendency of ID case

Hari Prakash vs
CF

DCF(HQ)

Vasu Dev vs Dev. DCF(HQ)

Dept.

Daya Ram V/S

Dev Dept

DCF(W)

2006

Regularisation wef 1.3.91

Wages as per Gr D post since in casual

service

94/3

Impl. Of Award

Regularisation wef 1.3.91 & payment

G Court of DC
S.N.

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

GNCT of Delhi
Vs Chandra
Sharma & others

DCF(S)

Appeal No
48/2006

Claim of Bhumidhari
Right on Gaon Sabha
land by Respondent

Lokesh
Construction
Comp. Pvt. ltd &
others Vs UOI &
others Vs Delhi
State

DCF(W)

Div, Com.
Appeal

Appeal against the Order

of FSO recognising
easement rights of
petitioner through Ridge

H Financial Commissioner
S.N.

Title of Case

Officer
concerned

Case No.

4
42/07 CA

Ground facts of the

case / matters

Jag Ram & Others DCF (W)

Vs Consolidation
Officer / Tahsildar

Claim for Pucca Road

To Kh. No. 30/11

Dharam Pal &

Sons Vs. Gaon
Sabha Jindpur

Additional Disteict Magistate Court

DCF (W)

Issue

6
Appeal against the orders of DC for
allotment of GS land

S.N.

Title of Case

Officer
concerned

Sant Asaramji
DCF (S)
Trust Vs L & D O
& ors

Tis Hazari Court

S.N.

Title of Case

Officer
concerned

Case No.

Ground facts of the

case / matters

Issue

Illegal Encroachment on
Ridge Land

Case No.

Ground facts of the

case / matters

RWA Vs. DDA

and Secretary
(E&F),

DCF (W)

Suit No.
348/4

Permission for cutting of

a peepal tree in front of
plot No. 188, Sector - 7,
Rohini

Vasant Kunj
Enclave Housing
Welfare Society
Vs. GNCTD

DCF (W)

CS NO.
154/08

Protection of Khasra No.

1032 which is not a
notified forest

K. G. Bali Vs.
MCD

DCF (W)

CS/525/97

Shri K. G. Bali resident

of Inderpuri has filed
case in connection with
the order issued under
DPTA

Issue

S AND WILDLIFE, GNCT OF DELHI AS ON 30.11.2008

Prayer

Stand of the Govt..

Present status

Directions of Secretary
(E&F) on 26.11.2008

10

To set aside the High Court order

and recognise their title to the
land, and exclude the same from
reserved forest.

The
petitioners
are
rank
tresspassers and have no rightful
claim to the land. Their petition
be dismissed.

LP filed by petiotioner dismissed

on 21.07.2008. DC(South) has
been requested to hand over the
possession of the vacated land
after evicting enchroachments

A D.O. letter be written to

Secretary (Revenue) to
expedite
eviction
of
encroachments to comply
with the Hon'ble Court's
direction.

As directed by Hon'ble Court,

additional afidavit filed.
SLP filed by petiotioner
dismissed
on
21.07.2008.
DC(South) has been requested
to hand over the possession of
the vacated land after evicting
enchroachments

In compliance of the directions lettet sent on 26.08.2008

of Hon'ble Court preliminary
notification u/s 4 of IFA, 1927
done. Strict vigil is being
maintained in Ridge and no
mining is taking place therein;

A reminder D. O. Letter be
sent
to
Divisional
Commissioner to restrict
further entertanment of
claims with the FSO as per
the
Hon'ble
Supreme
Court's
Order
dated
05.05.1995 in the matter of
MC Mehta Vs UOI and Ors
in WP (C) no. 4677/85

Removal of encroachments from

Jahanpanah City Forest and
posting of security guards and
gunmen etc.

DDA is the owner and manager Meetings are attended regularly

of the land. Director (Hort.),
DDA and others have been
notified as Forest Officers under
Indian Forest Act,1927
in
respect of these forests. DDA
should take measures for
removal of encroachments and
posting of security [Link]
Decision given ; committee
constituted under DC(S) of
MCD
for
upkeep
of
Jahanpanah City forest as
Protected Forest

The petitioner is requesting that

the trees for construction of
badminton and squash courts at
Siri Fort Complex should not be
allowed to cut.

To protect the sanctuary area &

develop Vigil Mechanism.

Restraining construction
Vasant Kunj Malls

affidavit filed. Matter pending

with CEC

The Sanctuary area is well

case pursued vigourously
protected & relocation of Sanjay
Colony underway, Mechanism is
being Developed .

of Area where Vasant Kunj Malls

are coming up does not fall in
notified Ridge land u/s 4 of IFA,
1927 and that whole land either
with DDA or Army be
maintained as green consideing
strategic requirements also. The
case has been decided by
Hon'ble Court vide order
dated 17.10.2006

DO letter was sent as desoired

by Secretary (E&F) to
Additional Secretary, MOEF for
supplying copies of EIA
clearance in all 13
[Link](W) informed that
only copies for 6 cases only
have been received despite
taking the matter personally with
MoEF

The
meeting
of
the
Committee constituted by
Hon'ble Supreme Court
must be attended regularly.

The case be pursued

vigourously

A D.O. letter be written

addressed to Secretary
(Revenue) with facts of the
case to expedite action
under WL(P)Act by
DC(South) to comply with
the Hon'ble Court's
diretion.

DCF(W) should put up the

file for sending a reminder
[Link] to Mr. Moskar,
Additional
Secretary,
MOEF for supplying copies
of
EIA
clearance
in
remaining 7 cases.

IA no. 1192 has been decided by do

Hon'ble Court vide order dtd.
17.10.2006

Same as above

The Departent is getting the Affidavit has been filed.

boundary wall constructed based
on demarcation given by the
Revenue Department

The TSM report of the area

be obtained at the earliest.

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on26.12.2008

Non-interference with peaceful Entire khasra no.1521 has not case pursued vigourously.
possession; and not to demolish been handed over to forest NDOH on 26.06.2009 for
the boundary wall
department. Still, the petitioner evidence
is an encroacher, and should be
evicted from notified ridge land.

10
The case may be pursued
vigorously and demarcation
through
TSM
be
undertaken for areas under
litigation on priority.

The colony is being

DCF(S) to submit the file
regulariseed. CF visited the area. for perusal of Secreatry
Forest Deptt. has no role to play. (E&F).
NDOH on 28.01.2009

Exclusion of the khasra nos.

mentioned in the petition from
notified ridge by quashing the
notification dated 2.4.96; and
peaceful possession

The claim of the petitioner is

based upon revenue records,
which are with the revenue
department. Forest Department
is taking over these areas for
afforestation and inclusion into
reserved forest in accordance
with orders passed by Hon'ble
Supreme Court. The lands have
not been handed over to the
department, and therefore, the
department cannot comment
upon possession status

Exclusion of the khasra nos.

mentioned in the petition from
notified ridge by quashing the
notification dated 2.4.96; and
peaceful possession

The claim of the petitioner is

based upon revenue records,
which are with the revenue
department. Forest Department
is taking over these areas for
afforestation and inclusion into
reserved forest in accordance
with orders passed by Hon'ble
Supreme Court. The lands have
not been handed over to the
department, and therefore, the
department cannot comment
upon possession status

Exclusion of the khasra nos.

mentioned in the petition from
notified ridge by quashing the
notification dated 2.4.96; and
peaceful possession

The claim of the petitioner is

based upon revenue records.
Forest Department is taking over
these areas for afforestation and
inclusion into reserved forest in
accordance with orders passed
by Hon'ble Supreme Court. The
land of petitioner have not been
handed over to the department,
and therefore, the department
cannot
comment
upon
possession status

Exclusion of the khasra nos.

mentioned in the petition from
notified ridge by quashing the
notification dated 2.4.96; and
peaceful possession

The demarcation through TSM

should for Neb Sara has been
done and report awaited. NDOH
on 25.03.2009

Letter be written to the

contractor to expedite
submission of report of
TSM by 15.01.2009.

Action for removal of

Case being pursued vigourously.
unauthorised enchroachments
being done. Task Force,
Supervisory Committee and
Vigilance Squad constituted and
Hon'ble Court informed.

The file be submitted with

present status of the case for
perusal of higher
authorities.

High Court Monitoring

Committee has been wound up.
Respective land owning
agencies to take measures for
protection of Govt. land vacated
from enchrochments. The Deptt.
is getting the Ridge demarcated
to identify Ridge so as to take
necessary action for protection
of Ridge.

Directions to MCD to approve

his building plans, and to quash
the letter of DDA declaring the
land as part of Regional Park

Although the khasra nos. have Contempt procedings have been DCF (S) to submit the file
not been expressly included in initiated against Commissioner with the present status
the notification dated 2.4.1996, (MCD). NDOH on 29/01/2009.
still whether it is covered by
notification dated 24.5.1994
remains to be determined. The
Deptt. is getting the Ridge area
demarcated through TSM.

That demarcation given by SIO That demarcation given by SOI Contract has been awarded by
is wrong
done in the presence of I&FCD for construction of
DC(South-Delhi)
and boundary wall.
DC(Gurgaon) Case decided in
favour of Govt. Hon'ble Court
upheld demarcation given by
SOI

D. O. letter to Secretary
(I&FCD) be written to
expedite construction of
boundary wall.

Release of compensation along No compensation required to be A letter was written by Secretary The
case
may
be
with interest.
released to the petitioners as land (E&F) on 23/07/08. NDOH on resubmitted for issuing
belongs to Gaon Sabha.
3/02/2009
another reminder to the
Divisional Commissioner.

Peaceful possesion and restraint The buildings exist on Khasra

on forceful dispossession
No.225 as per demarcation given
by Revenue Department. The
petitioners are encroachers on
forest land.

Directions to MCD to approve

his building plans and to quash
the letter of DDA holding the
land to fall within the Regional
Park.

DCF(S) informed that the

Hon'ble Court has sought
comments from Forest
Department on appointment of
Court Commissioner to
physically check the land.
NDOH on 25/03/2009

The land is not included in the NDOH on 13/03/2009

notification dated 2.4.1996. As
DDA designates land uses for
areas, only DDA can clarify
whether the land falls within the
Regional
Park.
Forest
Department has no comments as
it is not concerned with the
issues.

Since demarcation is a
revenue matter, the Forest
Department would support
the demarcation given by
Revenue Department. The
Hon'ble Court may be
informed accordingly and
approval obtained on file.

The present stand of the

Department based on report
obtained after demarcation
through TSM be presented
to the Court and approval
obtained on file.

Punishment for contempt and The demolitions were carried out Case has been disposed of in
damages.
in persuance of Delhi High favour of Governmet.
Courts orders in Kalyan Sanstha
case. The petitioner's buildings
got damaged by mistake, as the
High Court order was lost sight
of due to passage of time.

The case may be dropped

from the list.

Peaceful possession and restraint Forest Department has no Case attended to regularly.
on dispossession.
intention to evict the petitioner
from his land. However, the gate
has been demolished as it was on
ridge land, and had the effect of
encroachment on ridge land by
restricting access to it.

The case should be pursued

vigorously.

Removal of encroachment from

forest land, prosecution of
offender, restraint on nonagricultural use of the land, and
action against erring officials.

D. O. letter to Secretary
(Revenue) be written to
expedite conclusion of the
case by Dy. Commissioner
(S).

Khasra no.659 min have been

notified as ridge and handed over
to forest department. The
petitioner is claiming bhumidari
rights on this land. SDM has
determined the case in his
favour, but an appeal is pending
with the [Link] receipt of
information
about
illegal
activities on the land, Forest
Deparment had filed complaint
with Police, as the land was
under dispute. Hon'ble High
court had ordered status quo vide
order dated 31.1.06

Case has been dismissed by

H'ble High Court with the
direction to SDM to decide the
case as per Law. SDM decided
against the Department. Appeal
filed before Dy. Commissioner
(South).

Release of payment with interest The contractor abandoned the Case disposed of.
and damages.
contract midway on frivolous
grounds due to which the
plantations died. He is not entitled
to any relief.

No relocation should be done

unless sufficient amenities are
available at new site identified for
relocating the villagers.

The Govt. has already deposited

required amount with MCD for
relocation and new site has been
suitably
developed
for
accommodating the translocated
villagers.

The file be resubmitted for

perusal of higher authorities.

DCF(S) to submit the file for

DCF(S) informed that Hon'ble
High Court is hearing the matter seeking approval for filing an
IA in Apex Court.
at long intervals and the
Department may file an IA in
H'ble Supreme Court. NDOH
25/03/2009

The case should be pursued

DCF(S) informed that prima
vigorously.
facie no evidence of offence
under DPTA 1994 was found at
the site and H'ble Court has been
informed accordingly.

That the petrol pump functioning

from old site should not be
allowed.

The Department is submittting that Case disposed of on 23/07/2008. The case may be dropped
it is neither custodian of the land
from the list.
nor manages it, hence, it should be
deleted from the list of
respondents.

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10

DCF (W) informed that as

Reminder be sent
directed by Secretary, letter has Secretary (Revenue)
been sent to Secreary (Revenue)
to expedite the decision in the
case.

to

1. Removal of Juggies By Res.

No. 2 ( Slum & JJ)
2. Disconnecion
of Water & Electric Supply Res.
No. 4&5 BSES & DJB
3. Police
Support Res 6 (Pollice
Commissioner) .

That
Deptt.
has
already
requested to S&JJ wing of MCD
for estimating amt. involved in
relocation of jhuggi dwellers

Removal of encroachments from

Gaon Sabha and forest land and
taking over possession of the
same

Most of the khasra nos. are gaon Affidavit has been filed.
sabha lands not belonging to NDOH 18/3/2009
forest department. The land
handed over to forest department
is well protected and has no
encroachments thereon.

Removal of Trees from the Affidavit has been filed

common land of the Society

DCF(W) informed that the case

has been disposed off with the
direction to MCD to
relocate/evict the encrochers

Case at arguments stage.

NDOH is 15/1/2009

The file be submitted w.r.t.

directions given on last
meeting in view of the order
of Hon'ble Court.

The file be submitted

The case should be pursued

vigorously.

As per the directions of

A reminder be written to
Secretary (E&F), D. O. letters
Delhi Jal Board.
have been written to DJB and
Div Comm to hand over balance
area. DJB as informed of
handing over land to DDA. Case
being pursued vigorously

To notify 223 ha. of land as Constitution of Reserved Forests

Reserved Forest
is a discretionary power of State
Government. Reserved Forests
are
constituted
by
the
Government to reserve all the
rights in the forest produce in
such forests to itself, except to
the
extent
of
permitted
concessions. The decision to
constitute reserved forests are
taken by State Government after
considering various social needs.
The present case, therefore has
no basis.

Additional affidavit requesting The case be pursued with

H'ble Court that the area should Raj Niwas.
be declared as Reserve Forest
has been prepared and is under
submission for approval from
H'ble LG as the area involved is
with DDA.

To stop construction of boundary The Department is constructing

wall
boundary wall to protect ridge
land as per the demarcation
provided by the Revenue
Department

Affidavit has been filed.

NDOH 03/02/2009

The case be pursued

vigorously.

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10

The order of CAT may be The Petitioner had

quashed & Set aside
multiple date of birth.

given Case decided in favour of

Government

Release of payment of Tree The 4000 tree Guards supplied Proceedings in the matter
Guard purchased in 1999 with were not as per specification , completed. Listed as regular
interest
Bhalla Committee & CBI matter. NDOH not fixed.
obsered that the material is not
as per Specification .

The case may be dropped

from the list.

The case should be pursued

vigorously

The Labour Court Award may be They were not terminated but Matter listed for final argument. The case should be pursued
quashed & set aside
had left the
job of Casual NDOH 16/1/2009
vigorously
Labourer in 1989, They had not
given any representation for
more than 2 years from the date
of their alledged termination .

May be reinstated & paid back The Stay had been granted on
wages
implementation of award

The Labour Court Award may be He was terminated from casual Affidavit has been filed. NDOH The case should be pursued
Quashed & set aside
service as he was involved in
30/03/09
vigorously
illegal cutting & theft of tree ,he
had not given any representation
for more than 14 years from the
date of termination .

To quash the CAT order & grant

the pay scale of Rs 5000-8000/at par with other UT & CCS
( RP) 1997.

The Structure & hierchy of

Delhi Forest & other UT is not
Comparable therefore the order
of CAT is in order , the
restructuring of Delhi forest post
is required.

On the directions of Hon'ble The case should be pursued

High Court, the proposal for vigorously
restructuring the heirarchy of
Forest Department has been
forwarded
to
6th
Pay
Commission
for
its
consideration. Conservator of
Forests informed of having met
the Jt. Secretary, MoEF to
expedite the case. NDOH not
fixed.

The Labour Court Award may be The labour Court Award be Matter is being pursued
Quashed & set aside
upheld, as the Labouers were not vigorously. Case at Rule NISI.
Mali , they were casual labourer
& regularised as per the SC
order dt. 29/9/1988.

The case should be pursued

vigorously

The CAT order may be quashed Applicants do not fulfill the RR NDOH is not fixed.
& set aside
conditions , The posts have since
been filled .

The case should be pursued

vigorously in the Hon'ble
Court and the process on
reorganisation of posts in
the Department should be
pursued vigorously.

The order of CAT may be The applicant was not in casual Case decided in favour of
quashed & Set aside
service on 1.3.91 , therefore he Government
was regularised as per earlier
CAT order wef 11.8.97

The case be dropped from

the list.

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10

The prayer of the petitioner is for Amnesty is not applicable to the NDOH is not fixed.
amnesty under Section 40 A (2) petitioner .
of Wildlife Protection Act , 1972.

The case should be pursued

vigorously

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10

As per Issue

No further Reply / affidavit

needs to be filed by the Res. No
2 ie Delhi Govt. as respondent
No. 1 is DDA is contesting
Respondents

Prayer

A Govt. counsel have been

The file be submitted to
appointed, who after examining higher authorities.
the case has intimated that the
Govt. being a performa party
does not require to file a reply in
the H'ble Court. NDOH
07/01/09.

The matter has been listed for

disposal on 22/01/2009.

The file be submitted.

Affidavit was filed in 2003.

Case referred to Registrar for
examination of witnesses.
NDOH is 14/1/2009.

The file be submitted.

Stand of the Govt..

7
Compensation

8
No stand as it is a police case

Enhanced compensation @5000 Case relates to LAC and Forest

Rs./yd.
Deptt. has nothing to do with it.

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10

Pending

The case should be pursued

vigorously.

Compensation has been paid by The case should be followed

LAC.
up with LAC.

The case should be pursued

vigorously with clear stand
of forest deparment in the
Court.

The case should be pursued

vigorously with clear stand
of forest deparment in the
Court.

DCF(S) informed that the

Department has no role in the
case.

The interest of the

Government should be
protected.
DCF(S) to submit the file.

Forest Deptt is a proforma

respondent

Objection has been filed that

Pending
land should vest in Gaon Sabha,
and petitioners have no title to
the land.

The case should be followed

up regularly.

20' wide passage through ridge

be allowed.

8' wide passage along the

Pending
periphery of the ridge is already
existing, and there is no existing
path through reserved forest,
which cannot be allowed.

The case should be

contested.

Peaceful possession and restraint Forest Department is

Pending
on dispossession.
constructing the boundary wall
as per demarcation given by
Revenue Department, and has no
interest in [Link].219 in village
Chhattarpur.

The case should be

contested.

Compensation

The case should be followed

up regularly.

No stand as it is a police case Pending

To remove illegal encroachments On receipt of complaint

DCF(S) informed that the
ans restraints on parking
regarding tree felling, an offence Department has no role in the
case was registered, which was case.
later compounded after levying a
composition fee of Rs.13500.
Further permission was given to
fell one pipal tree. Forest
Department has no relation with
other matters.

The case should be followed

up regularly.

DCF(S) to submit the file.

To prevent removal of peepal

Tree

That action as DPTA would be

taken

Status report filed on

The case should be followed
proceedings under offence as per up regularly.
DPTA initiated for illegal felling

To punish offemders

Court has asked to produce the

original office records for
verification.

Process initiated for collection

of original records for its
production in the Court

The case should be followed

up regularly.

To issue succession certificate

The details of the dues in respect The details of dues in respect of The case should be followed
of Late Sh Sh. Govind S/O Babu Shri(Late) Govind as desired by up
Lal
the Honble Court have been
furnished vide this office letter
no : 3638 dated 16/3/07

Appointment of the Local

Commissioner to demarcate the
2 bigha land in Kh. No 163
through SDM

Confirmed from the office of the DCF(N) to submit the file.

SDM concerned. Khasra No.
163 has only 2 Bighas and the
same is in the name of the
Government as per the record
shown and the copy of which
furnished by the Tehsildar.
Accordingly the reply was
submitted in the court through
the Govt. Counsel. NDOH
17/01/09

Res. 1 & 2 may be directed to

remove the Illegal plantation &
refrain them from further
encroaching the land , The Res.
No. 3 may be directed to take
proper action to remove the
Plantation .

DCF (C ) informed to the Court

that the removal of
encroachment is no within the
perview of the Tree Officer and
No. permission is required for
the removal of plants which are
less than 1 meter height and
planted in the earthen pots.

No change

Prayer

Stand of the Govt..

Present Status

The case should be followed

up.

Directions of Secretary
(E&F) on 26.12.2008

The claiments may be paid back They were not terminated but
Matter being pursued
wages with continuty of Service left the Job of Casual labourer , vigorously. NDOH 20/2/09
They have not given any
representation for more than 10 14 years from their alledged
[Link] have not
NDOH 5/02/09
Completed 240 days service in a
year .
NDOH 16/02/09

10
The cases should be
pursued vigorously.

year .

Disposed in favour of
Goverment.

NDOH 30/01/09

NDOH 9/3/09

Prayer

The petitioner is not entitled for

family pension benefits.

Papers related to family pension The cases should be

are being prepared. NDOH
pursued vigorously.
12/01/09.

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10

To quash the order & payment of This Court is Not Competent

Reserved for order. NDOH not
Gratuity
,more over the payment of back fixed.
wages as per Award made to her

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

The dispute may be refered for

adjudication .

They were not terminated but

Proceedings closed, matter
left the Job of Casual labourer , reserved for order. NDOH not
They have not given any
fixed.
representation for more than 10 14 years from their alledged
[Link] have not
Completed 240 days service in a
year .

Late. Sh. Suresh may be

Regularised wef 1.3.91 With
payment of Arrears , Pension &
other benefits to his wife

He was expired during the

Proceedings closed, matter
pendency of ID in the Labour
reserved for order.
Court & dues were paid as per
Award , due to death he was not
regularised hence not entitled for
regularisation prior to his death .

10

Proceedings closed, matter

reserved for order.

Proceedings closed, matter

reserved for order.

Order for Recovery Certificate

passed

Order for regularisation is to be

issued

Case transferred to DCF (W) as The cases should be

the petitioner is working in West followed up.
Forest Division for further case
related to ACP benefits

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10
DCF(S) to submit the file.

DCF(W) to submit the file.

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

Affidavit filed

10
DCF(W) to submit the file.

Affidavit being prepared

DCF(W) to submit the file.

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10
DCF(S) to submit the file.

Prayer

Stand of the Govt..

Present Status

Directions of Secretary
(E&F) on 26.12.2008

10

Affidavit has been filed.

The case should be pursued

vigorously.

Affidavit being prepared.

Government Counsel be
requested to expedite
perparation of affidavit.

The case should be followed

up.