Secret

NOTE ON LAND OF EXISTING POLICE STATION GREATER KAILASH

The existing PS Greater Kailash is functioning in a temporary structure in W-

Block which is part of Khasra No. 48 of village Yakoot Pur. Recently Delhi Wakf Board

has given a notice regarding eviction of this land. In this regard, it is pertinent to mention

that the Police Post Greater Kailash started functioning from 14.09.1963 in tents/

temporary structures on a piece of land earmarked for public utility buildings opposite a

cinema plot under PS Kalkaji. There are several claimants of this land and as per the

facts gathered from local enquires, available documents and claims of various parties in

different courts, it is learnt that M/S DLF purchased the land including land of Khasra

No. 48 of village Yakoot Pur from Naveen Co-operative Development and Housing

Building Society Limited vide a registered sale deed for the purpose of developing a

colony named Greater kailash Part-I. M/s DLF submitted a Plan for sponsoring and

developing the colony known as Greater Kailash-I to the Delhi Development Provisional

Authority and the said authority sanctioned the said Plan vide their letter

No.F.4(131)/56,Admn.dt.4/9/56 . A site for public utility building opposite to a cinema

plot (Archana cinema) was earmarked/left over and shown in completion plan and lay

out plan and it is also claimed that the Completion Plan of the said colony was

sanctioned by MCD vide Commissioner’s order dated 18.4.64 file no. 269/TNCD/PIX.

This is the same land on which the erstwhile Police Post Greater Kailash was

functioning and which was upgraded on 05.12.1985.

Delhi (2) LG, Delhi and (3) Secretary, MHA (UOI) from Dr. B.S. Bhargava, Advocate on

behalf of Sh. Zulfikar Ali S/o Late Abdul Gaffar R/o H.No. 827, Haveli Azam Khan, Chitli

Qabar, Jama Masjid, Delhi was received in which it was claimed that the landlord

(Mutwalli) WALKFULLAULAD PROPERTY of Khasra No. 48, Zamrudpur, Greater

Kailash Part-I, Opposite Rachana Cinema, New Delhi is Sh. Zulfiquar. (It is clarified

here that the land in question referred to above is part of Khasra No. 48 of village

Yakootpur and not Zamrudpur). The notice mentioned that the police was using a part

of the land as police post which is illegal and that the possession of the land be restored

to Sh. Zulfiquar and the notice also threatened to file a suit. A report by the Police

Headquarter was submitted to the Dy. Secretary, (Home) Delhi Admn., Delhi on

18.02.1982 vide No. 3222/A-II dated 18.02.01982. In this report, it is mentioned that: -

“The site measuring 1.13 acre where P.P. Greater Kailash is functioning since

1964 belongs to Municipal Cooperation of Delhi. The Wakf Board has occupied the land

measuring 1000 Sq. Yards out of it. The remaining plot does not concern the Wakf

Board and is earmarked for some public building like, Dispensary, Community Centre,

School etc” (copy enclosed).

On 2.3.1982, the then CP, Delhi had requested the MCD Commissioner

demi-officially to allot this land to the Delhi Police as the Greater Kailash Residents

Association represented that Police Post should continue to function at the existing site,

being centrally located and also the Police felt likewise for maintenance proper law &
order and to meet the long standing demand of the residents of the area (copy

enclosed).

In the meantime, a suit No. 787/1983 was filed by DLF Universal Limited against

Delhi Wakf Board and others for recovery of possession. In this suit, a local

Commissioner was also appointed, who vide his report dated 06.06.1983 stated that

“there is no graveyard noticed in the plot”.

On 5th June 1986, Delhi Wakf Board got issued a Notification declaring therein

that the land in question is Muslim graveyard. The said notification was done in spite of

the position/status of the land clarified to Delhi Admin (now Govt. of NCT of Delhi) vide

No. 3222/A-II dated 18.02.1982 and also without conducting any spot inspection or any

other physical verification, or inviting objections from the occupiers. Later the mutation

was also done by the Revenue Department without completing the mandatory

requirements of physical verification, spot inspection, inviting objections and serving

individual notices to the occupiers etc. Hence, the Gazette Notification dated 5.6.1986

published by Delhi Wakf Board may not be correct.

M/s DLF and the MCD were litigating between them for having the control and

vesting of Public Utility sites with them in the various colonies developed by M/s DLF.

Ultimately, a settlement was arrived at between them vide a settlement deed dated

24.7.89 duly registered with Sub-Registrar, New Delhi whereby the dispute between M/s

DLF and MCD was settled once and for all. Consequently, the ownership of the site in
dispute was vested in MCD. However, the Delhi Wakf Board relying on the notification

No. 1/(70) DWB/Rec./86/439 dated 05.06.1986 continued to claim that there was a

Muslim Graveyard in village Yakoot Pur in Khasra No. 48 measuring 9 bighas 13 biswas

of land in Greater Kailash, New Delhi.

In this background, it is pertinent to mention that Civil Misc. Petition No.

12869/05 and Writ Petition (Civil) No. 19910/05 were filed in the Hon’ble High Court of

Delhi by Ms. Qaiser Sultana who was defendant No.5 in suit No. 787/1983 and Shri

Hafiz Akram Jamal being tenants of the suit property against the Lt. Governor of Delhi,

Commissioner of Police and SHO/PS Greater Kailash and Delhi Wakf Board which was

defendant No.1 in suit No. 787/1983. On 16.01.2009, Hon’ble Court dismissed the writ

petition observing “…the petitioners seek direction from the court in essentially what

appeared to be a property dispute regarding possession. Concededly, the property

belonged to Delhi Wakf Board (respondent No. 4). The Delhi Wakf Board also contends

that it will take action in accordance with law against the encroachers. In the

circumstances, the questions raised would involve examination of disputed facts; writ

proceedings are not the appropriate remedy. The petition is accordingly dismissed. It is

open to the petitioners or the Delhi Wakf Board, as the case may be, to take appropriate

action in accordance with law”. In this writ petition, there is a retyped copy of the report

(dated 06.06.83) of the Local Commissioner appointed under suit No. 787/83 (DLF V.

Delhi Wakf Board), who under point No. 9 mentioned that “there is no graveyard noticed

in the plot.

In the wake of the above order while not correctly interpreting it, Delhi

Wakf Board served a notice dated 23.04.09 for eviction u/s 54(1) of the Wakf act, 1955

upon SHO/ Greater Kailash. They have wrongly interpreted the word CONCEDEDLY as
here it means conceded between the plaintiff and the respondent No. 4 i.e. Delhi Wakf

Board and not between respondents 1, 2 & 3. (Whereas in suit No. 787/1983, Ms.

Qaiser Sultana, Shri Hafiz Akram Jamal and Delhi Wakf Board are the respondents/

defendants).

An important civil suit No. 787/1983 filed by DLF Universal Limited against Delhi

Wakf board and others for recovery of possession of land measuring 1410 sq. yards in

possessions of the defendants situated in khasra No. 48 of village Yakoot Pur is still

pending adjudication. It is mentioned in the suit that out of khasra No. 48, 1.5 acre of

land was left for public utility sites by plaintiff being owner of the land. It has also been

mentioned that Delhi Wakf Board and others defendants had encroached upon 1410 sq.

yards of land by making a boundary wall with two gates. At present, a nursery is being

run by Shri Hafiz Akram Jamal and Ms. Qaiser Sultana under the tenancy of Delhi Wakf

Board. 18.12.09 is the next date of hearing. Delhi Wakf Board had contended in this suit

that the land in khasra No. 48 was Qabristan entered in settlement records and Wajibul-

Arz 1880, 1908-09, Jamabandi of years 1948, 1950-51 and khasra Girdawaries for the

subsequent period. In the year 1983, a local Commissioner was also appointed in

this suit who vide his report mentioned that “there is no Graveyard noticed in the

plot”.

It is further contended that suit No. 6/81 filed by Delhi Wakf Board (Plaintiff)

against MCD & others (Defendants) was decreed by the court of Shri Mahender Pal,

Additional Session Judge, Delhi on 29.01.1983.

others was filed in the Court of Addl. District & Sessions Judge, Delhi for Possession

and Injunction against the existing land of Police Station Greater Kailash. It was

revised/amended subsequently at least three times as 189/1989 and 783/1990 and

lastly being suit No. 27/1993 which is at the plaintiff examination stage. Now, in place of

the DLF, Lal Chand Public Charitable Trust is the plaintiff.

As per Revenue record of Tehsil Kalkaji and copy of Khasra Girdawari dated

22.9.06, the owner Khasra No.48 is Delhi Wakf Board, DLF is shown as cultivator

(Makbooja). This land is in Possession of Delhi Police since 1963 and the revenue

record (Khasra Girdawari) of the year 1985-89 also shows the existence of Police

Chowki on the said land. As per copy of mutation in Kalkaji Tehsil, the name of Delhi

Wakf Board has been entered in 16.2.1994 on the basis of Gazette Notification dated

8.9.77 and 5.6.86 on ‘Shamlat Deh’ land, which is the ‘common property’ of the village

and no individual can become the owner.

From the above, it is apparent that the land where P.S. Greater Kailash-I

is presently functioning is not the land of Delhi Wakf Board. Moreover, matter is still sub-

judice in different courts and there is no graveyard in the existing site of P.S. Greater

Kailash-I or adjoining area. At this stage, Delhi Wakf Board has no authority to issue

notice to us.

The MCD may link up all connecting suits/petitions pending in different courts for

claiming the ownership of land of Khasra No.48 in village Yakoot Pur so that a revision
petition can be filed against the order dated 16.1.2009 passed by Hon’ble High Court

Delhi in favour of Delhi Wakf Board in Civil Misc. Petition No.1269/2005 and Writ

Petition (Civil) No.19910/2005. The transfer/allotment of land from MCD to Delhi Police

can only be processed when the MCD and Delhi Police gets a favorable order by filing a

revision petition.

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