DEVINDER GUPTA ( 1 ) FOR order see CWP No. 3594/94 titled Nizamuddin East Colony Association and others Vs. Delhi Development Authority and others. Civil Writ Petition No. 3594/94 nizamuddin East Colony Association and Ors. Vs. Delhi Development Authority and Ors. Appearances: mr. Virender Negi, Advocate for the Petitioners. Mr. H. S. Phoolka, Sr. Advocate with Mr. Israel Ali, Advocate Mr. Anil Grover, Advocate for mcd Ms. Anusuya Salwan, Advocate for DDA. DEVINDER GUPTA, J. (Oral) this order will be a common order in CW 3594/94 and CW 4113/99. ( 2 ) THE menace of encroachments on public land has reached alarming proportions. Any excuse for the same seems to be good enough. The misuse and encroachment of public land under the garb of performing religious rites is one such mode and in the present petitions we are concerned with the same. ( 3 ) NIZAMUDDIN (East) colony was set up on the southern side of the metropolitan city of delhi. Civil Petition No. 3594/94 was filed by Nizamuddin (East) Colony Association and others aggrieved by the failure of public authorities in performing their statutory duties with regard to the stoppage of illegal encroachment and land-grabbing on the park situated in b block of the colony abutting the buildings bearing municipal nos. B-10, B-11, B-26 and B-32, East nizamuddin and for directions to the respondents to demolish illegal structures and to restrain further illegal land-grabbing. Petitioner no. 1 is a voluntary organisation of the residents and registered as a Society under the Societies Registration Act, 1860. DDA and mcd have been arrayed as respondents 1 and 2. It is stated in the petition that in April 1994 certain anti-social elements and land grabbers had encroached upon a part of the park. This petition has been pending now for almost 7 years. ( 4 ) VARIOUS affidavits have been filed by the public authorities. It would be sufficient to deal with some of the relevant affidavits. An affidavit has been filed under the signatures of brahmjit, Assistant Director (Horticulture), City Zone, MCD, dated 8. 12. 97 wherein it is stated that the land in question was developed as a park, in the year 1962. The encroachment is stated to have occurred in 1971 by raising structure of one room and it is averred that the said encroachment is liable to be removed under section 322 of the DMC Act. 12. 97 wherein it is stated that the land in question was developed as a park, in the year 1962. The encroachment is stated to have occurred in 1971 by raising structure of one room and it is averred that the said encroachment is liable to be removed under section 322 of the DMC Act. Our attention is also invited to a letter dated 13. 4. 93 issued by Deputy Secretary (Home) of the Govt. of nct of Delhi which records that demolition of religious structure is a highly sensitive matter with possible law and order repercussions. An affidavit has also been filed by DDA under the signatures of Shamim Ahmed, Director (Land Management), DDA dated 11. 11. 99 which states that Satsang Committee of Nizamuddin had made a representation for regularisation of the land in favour of the Satsang Committee. The representation was duly considered and since the encroachment was in a park the same could not be regularised. Photographs have also been filed of the one room structure having asbestos sheets on the top. The Satsang committee was arrayed as respondent no. 6. ( 5 ) CW 4113/99 by the Satsang Committee has been filed seeking a direction that the respondent authorities should treat the said Satsang committee equally at par with Nirankari bhawan and the Mandir which are stated to have been constructed in the colony in question. It is stated that there were 5 plots originally shown as vacant plots. Two vacant plots were occupied by Nirankari Bhawan and Raghunath Mandir. It is relevant to state that even in this petition reply has been filed by the association which is respondent no. 5 pointing out to the factum of rejection of the representation of the Satsang Committee by the DDA. The pleadings show that representations have been made by the Satsang Committee from time to time seeking regularisation starting from 5. 6. 71. It is relevant to state that the said representation says that the plot has been vacant since the inception of colony in 1950. ( 6 ) MR. H. S. Phoolka, learned senior counsel appearing for the Satsang committee seeks to contend that in view of the fact that certain bills of electricity are available with the Satsang committee, the possession of the Satsang Committee is established in respect of the room and they should be permitted to continue. ( 6 ) MR. H. S. Phoolka, learned senior counsel appearing for the Satsang committee seeks to contend that in view of the fact that certain bills of electricity are available with the Satsang committee, the possession of the Satsang Committee is established in respect of the room and they should be permitted to continue. He has further stated that the matter was under reconsideration by the DDA and thus the case should be adjournment. We, however, find no reason to accept the request for adjournment. ( 7 ) THE affidavit filed on behalf of the DDA in CW 4113/99 under the signatures of Shamim ahmed dated 11. 11. 99 clearly set forth the history. This shows that on 2. 9. 82 the Ministry of supply and Rehabilitation of the Government of India transferred some utilised and unutilised land to the DDA under which Nizamuddin also came to the DDA. Physical possession of the land was given to DDA on 24. 11. 83 and the land in question was developed as a park by the mcd as the services of the area are with MCD. ( 8 ) WE had put a question to Mr. Phoolka, learned senior counsel appearing for the satsang Committee that as to what is the legal right of the Committee to remain in occupation of the land to which he could not give us any satisfactory answer. In fact it is an undoubted position that Satsang Committee has no right on the land. Its representation for allotment of the said land has been rejected. It continues to be in unauthorised occupation of a portion of the land in the park by constructing a room. ( 9 ) WE cannot but express out deep sense of anguish at such conduct on behalf of the satsang Committee. The acts of using public land without permission must be put down with a heavy hand. The fact that any representation has again been made or that the DDA may be reconsidering the issue is of no relevance. The authorities are liable to act within the parameters of law and if they take any decision in this behalf they would be entitled to do so in accordance with law. The fact that any representation has again been made or that the DDA may be reconsidering the issue is of no relevance. The authorities are liable to act within the parameters of law and if they take any decision in this behalf they would be entitled to do so in accordance with law. In the absence of any legal right we find that there is no merit or substance in CW 4113/99 filed by the Satsang Committee and we dismiss this petition with costs of Rs. 10,000. 00. ( 10 ) IN so far as CW 3594/94 is concerned, a direction is issued to both respondents 1 and 2, MCD and DDA respectively to remove the encroachments in the park situated in b Block of Nizamuddin fast as mentioned in the petition within six weeks from today and ensure that the said park is not encroached upon again and no further construction takes place in the said park. If any police assistance is sought for the said purpose the same shall be duly provided by the concerned police authorities including SHO concerned, respondent no. 4. With the aforesaid directions CW 3594/94 is allowed.