Mohd Azam Khan v. Zulfiqar Ahmed

W.P.(C) 533/2025 Page 1 of 10 $~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 533/2025 and CM APPL.13577/2025 (Stay) ZULFIQAR AHMED .....Petitioner Through: None. versus THE LT GOVERNOR DELHI AND ORS .....Respondents Through: Mr. Naveen Kumar Raheja, Adv. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 07.03.2025 O R D E R 1. The present petition has been filed by the petitioner seeking the following prayer: “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to stay the operation of order dated 05.09.2024 and 18.12.2024 passed by Respondent no.l and 2 in case titled as "Mohd Azam Khan VS Zulfiqar Ahmed", having order no. D-193/PR-DIR (PROP)/DUSIB/24 till the disposal of the present writ. It is further prayed that the Respondent may kindly be restrained from sealing in respect of suit property bearing no. 2497 Ward xi kucha baqaullha khan tiraha behram khan darya ganj new Delhi in any manner till the pendency of the present writ, in the interest of justice.” 2. The petitioner in the present petition claims to be the owner of a property bearing no. 2497, Ward No. XI, ground floor, Chunk 5, Tiraha Behram Khan, Darya Ganj, Delhi-110002. It is submitted that the said property was purchased on 10.01.1990 by the family of the petitioner from Mrs. Kanti Devi and her sons through notarized property documents and was subsequently, in the year 2000, through a General Power of Attorney registered in the name of the petitioner. 3. An order dated 05.09.2024 came to be issued by the Office of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 2 of 10 Principal Director (Property), Delhi Urban Shelter Improvement Board, Government of NCT of Delhi/respondent no.2 under section 42 of the Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter ‘DUSIB Act, 2010) for a property bearing no. 2497, Ward No. X, Chunk S, Tiraha Behram Khan, Darya Ganj, Delhi-110002 inter-alia directing the petitioner to vacate the said property on the premise that the said property belongs to respondent no.2 and the petitioner has illegally occupied the same. The said order reads as under: “To, Date: 05/9/24 Zulfiqar Ahmed S/O Zafar Ahmed, Property bearing No. 2497/X, Ward No. - X Ground Floor, Chunk 5, Tiraha Behram Khan Darya Ganj, Delhi-110002 ORDER UNDER SECTION 42 OF DELHI URBAN SHELTER IMPROVEMENT BOARD ACT. 2010 1. Whereas a Notice dated 12/2/2024 under Section 41 of the DUSIB Act, 2010 was issued to Zulfiqar Ahmed S/o Zafar Ahmed. in respect of his possession at property bearing no. 2497, ward no.-X, Chuck 5, Tiraha Behram Khan, Darya Ganj, Delhi-110002 vide No. D-113/Pz. Dir (Property)/DUSIB/2024 dated 12.02.2024. He was directed to submit his reply, and appear for personal hearing on 23/02/2024 at 4.03 p.in. in this office. The aforesaid notice was duly received by him. On 23/2/2024 Zulfiqar Ahmed S/o Zafar Ahmed, appeared in this office with his advocate and filed written request seeking adjournment for filing proper reply. Matter was posted for 4/3/2024 on which Zulfiqar Ahmed S/o Zafar Ahmed attended the office but did not file reply and again sought adjournment. Matter wus adjourned for 4/4/2324 as Zulfiqar Ahmed S/o Zafar Aluned has filed written request that he was not well due to Roza in the month of Ramzan. In the interest of justice, the matter was repeatedly posted on various dates i.c. 26/4/2024, 29/5/24, 12/6/2024, 11/7/2024 as per request of Zulfiqar Ahmed Sio Zafar Ahmed so that he file proper reply. But as proper reply was filed by him. 2. WHEREAS, as per list of transferred properties, the Property bearing no. 2497, Ward No. X. Chunk S. Tirana Behram Khan, Darya This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 3 of 10 Ganj. Delhi-110002 has been shown transferred to DUSIB under D.A.G scheme and the same is under the management of DUSIB. 3. AND WHEREAS, Zulfiqar Ahmed S/o Zalar Ahmed, is unauthorized occupant in respect of aforesaid property and. have no legal right, title or interest in the aforesaid property. Zulfiqar Ahmed S/o Zafar Ahnied was/is misusing the aforesaid government property for commercial purpose. 4. WHEREAS the notice was issued to Zulfiqar Ahmed S/o Zafar Ahmed in respect of property no. 2497, ward no. X. Chunk 5, Tiralm Behram Khan, Daryaganj, Delhi, but despite number of opportunities granted to lim no proper feply was filed by him in this regard. Zulfiqar Ahmed So Zafar Ahmed filed sonic photocopies of unregistered partnership deed dated 10/1/1990, electricity bill, insurance receipt, TTR, MINI, bill etc. and not led any documents in respect of affotment/lease deed/conveyance deed or licence deed, Sale Deed or damage payment receipt or licence fee receipt etc. or any other document regarding your occupancy ownership of the property. A reply dated 5/2/2024 was filed by your brother Sh. Mazhar Ahmed, S/O Sh. Zafar Ahımed R/O 957, Kucha Rohalla Khan, Delhi-110002 in which he is claiming to be owner of the aforesaid property on the basis of copy of partnership deed dated 10/1/1990 but no other valid document of ownership has been filed or shown till date in this office by him. Hence the contention of ownership cannot be admitted. As per record of transfer property lying in DUSIB, the property bearing no. 2497, ward no 10, Chunk 5, Tiraha Behran Khan, Darya Ganj has been transferred to DUŞIB.. 5. AND WHEREAS personal hearings were-granted to Zulfiqar Ahmed S/o Zafar Ahmed, on 23.02.2024, 04.03.2024, 04.04.2024, 26.04.2024, 29.05.2024, 12.06.2024 and 11.07.2024. Zulfiqar Ahmed So Zafar Ahmed was granted ample opportunities to file reply to the notice alongwith documents relied upon by you. The hearings were attended either by Zulfiqar Ahmed S/o Zafar Ahmed, or by his representative. Repeated adjournments were granted to Zulfiqar Ahmed S/o Zafar Ahmed in the interest of justice at his request for enabling him to file proper reply. Principles of natural justice were followed but despite large number of opportunities granted, Zulfiqar Ahmed 5/o Zafar Ahmed neither submitted any proper reply in the notice tior any documents regarding his occupancy in respect of aforesaid property. It appears that Zulfiqar Ahmed S/o Zafur Alimed has nothing to say in respect of aforesaid notice under section 41 of the DUSIB Act, 2010 and he is interested only in getting adjournments. 6. A letter No. 812/R/ACP/DIU/CENTRAL DISTT DELHI dated 04.09.2024 has been received from Inspr. Parmjeet Singh, DIU/Central Distrist, Office of the Assistant Commissioner of Police This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 4 of 10 District, Investigation Unit, Central District, Daryaganj, Delhi- 110002 regarding investigation of Case FIR No. 42/24 Dt. 12.01.2024 u/s 420, 448, 457, 468, 471, 1203 IPC PS Daryaganj, Delhi. It is stated in the letter that the investigation of the above said cases is being conducted by Inspr: Parmjeet Singh in District Investigation. Unit (DIU), Central District, Delhi. The complainant of the case alleged that Mr. Zulfiquar Ahmad committed cheating of Rs. 96,00,000/- with him by doing the deal of sale of one shop on Ground Floor of the property bearing Municipal No. 2497, situated at Tiraha Behram Khan, Daryaganj, New Delhi-02. It appears that sale patrchase of the government property is being made by the occupant without any right, title or interest. A copy of General Power of Attorney dated 07.12.2000 executed by (1) Abrar Ahmed (2) Azhar Ahmed and (3) Mazhar Ahmed all sous of Shri Zafar Ahmed, all R/s 2801-2802, Kucha Neal Kanti, Fuiz Bazar, Daryaginj, New Delhi-110002 in favour Zulfiqar Ahmed Rio 2831-2802, Kucha Neel Kanth, Faiz Bazar, Daryaganj, New Delhi- 110002 in fo property beating shop No. 2497, Situated Tiraha Belizam Khan, Daryaganj, New Delhi - 110002 has also been provided by 1.0 of the case. The General Power of Attorney shows that executants who had no right, title or interest in propeity have executed the General Power of Attorney in favour of Zulfiqar Aluned just to create ownership documents by playing fraud. 7. From the above facts, it is clear that Zulfiqar Ahmed S/o Zafar Ahmed and all other persons in occupation are rank trespassers in the aforesaid property and illegally occupying the government property without any right, title or interest in the said property 8. Keeping in view the aforesaid facts and circumstances. I am constrained to pass an order under section. 42 of DUSIB Act, 2010 against Zulfiqar Ahmed S/o Zafar Ahmed and all other persons in occupation for their eviction from the aforesaid property, Zulfiqar Ahmed S/o Zafar Ahmed is bereby given 15 days time tom the date of receipt of this order as per section 42 of the DUSIB Act, 2010 to vacate, the aforesaid property and hand over the peaceful possession of this property to the Executive Engineer (C-07) DUSIB falling, which Ex.Engineer (C-07) shall execute the orders and evict him from the aforesaid premises/DUSIB property ie, property bearing No. 2497, Ward No.-X, Chunk 5. Tiraha Behram Khan, Darya Ganj, Delhi-110002 and seal the property with the help of police force. The occupant Md. Zulfiqar Ahmed is hereby informed that he is at liberty to file an appeal against this order before Hon'ble L.G, under section 45 (1) of the DUSIB Act, 2010 as per law 05/09/24 Principal Director (Property)” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 5 of 10 4. Against the aforesaid order an appeal was filed on 24.09.2024 under Section 45(1) of DUSIB Act, 2010 before the Court of the Lieutenant Governor, Delhi/ respondent no.1. 5. It is submitted by the petitioner that while the appeal was pending before respondent no.1, on 04.12.2024, the officials of respondent nos. 2 and 3 threatened to seal the property of the petitioner. Consequently, the petitioner filed WP(C) 17296/2024 before this Court, whereupon, vide order dated 18.12.2024, the petition was disposed of observing as under “5. The Court has heard the counsel for parties. In the opinion of the Court, without going into the merits of the case, since the appeal preferred by the Petitioner before the Lieutenant Governor is pending final decision, the instant writ petition can be disposed of by observing that till the final decision is rendered in the matter, the Respondents shall not take any coercive action against the petitioner. 6. It must however be clarified that the aforenoted direction is being issued only because Petitioner has expressed his apprehension that DUSIB has threatened to seal the property, which contention is otherwise strongly controverted by counsel for Respondents. It is made clear that the aforesaid direction is not an expression of the Court’s opinion on the merits of the case or the allegations raised by the Petitioner. 7. All rights and contentions of parties are reserved. 8. With the above directions, the present writ petition is disposed of, along with pending applications.” 6. Subsequently, respondent no.1 vide impugned order dated 18.12.2024 dismissed the appeal of the petitioner on the premise that the petitioner failed to produce any valid documents or deed in support of his title or possession in the property despite being provided with various opportunities. The said order states that the respondent no.2, being the custodian of property has every right to protect their property from unauthorized occupants. The relevant portion of the said order reads as under: “14. I have considered the submissions made by Appellant and the Respondent and also the Complainant Azam Khan and gone through This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 6 of 10 documents adduced before me in the case file. I am of the opinion that the Appellant has not produced any valid document or deed in support of his title or possession in the subject property. The Appellant has been provided sufficient opportunity by the Respondent in accordance with DUSIB Act to Show legitimate proof of his ownership/ title in the said property. But, he failed to bring any instrument/ document on record justifying his possession. 15. In the absence of any valid proof justifying his possession, the Appellant cannot be treated as a legitimate owner of the said property. The impugned order has been passed by the Respondent against the Appellant after affording sufficient opportunities to him. The Respondent being the custodian of the property has every right to protect its property from the unauthorized occupants. The Appellant failed to show any cogent reason warranting interference in the impugned order passed by the Respondent. 16. Thus, keeping in view the facts and circumstances of the case and after considering all aspects of the matter, the DUSIB has passed a reasoned impugned order. 1, therefore, find no ground to interfere with it. The appeal is accordingly dismissed.” 7. The petitioner on 05.03.2025, informed that it had filed an application before this Court on the apprehension that the respondent would take precipitative/sealing action with regard to property bearing no. 2497, Ward XI, Tiraha Behram Khan, Darya Ganj, Delhi. The petitioner relied upon a letter dated 22.02.2025 issued by the respondent no.2 to Deputy Commissioner of Police, Central District. In terms of the aforesaid communication, respondent no.2 requested the Deputy Commissioner of Police to provide assistance during the sealing of property bearing no. 2497, ward no. X, chunk-5, Tiraha Beharam Khan, Darya Ganj, Delhi-110002 on 05.03.2025. It was specifically stated by learned counsel for the petitioner that it had mentioned its urgent application, for the purpose of listing thereof and that the said mentioning had been allowed. 8. The said communication dated 22.02.2025 is reproduced as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 7 of 10 9. Considering the apprehension of the learned counsel for the petitioner, the matter was listed on 06.03.2025. 10. During the course of proceedings before this Court on 06.03.2025, the learned counsel of the petitioner failed to produce valid/original title documents that could substantiate the ownership/title and claim/s agitated by the petitioner. In view of the urgency that was emphasized before this Court by the learned counsel for the petitioner, matter was listed for final disposal on 07.03.2025 and learned counsel for the petitioner was granted time to produce the said documents for the perusal of the Court. 11. However, today, the learned counsel on behalf of the petitioner failed This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 8 of 10 to appear. It is noticed by this Court that the impugned orders dated 05.09.2024 has also observed a similar pattern of conduct undertaken by the petitioner and his representatives during the proceedings before the respondent no.2. Vide order dated 05.09.2024, it was observed as under: “4. WHEREAS the notice was issued to Zulfiqar Ahmed S/o Zafar Ahmed in respect of property no. 2497, ward no. X. Chunk 5, Tiralm Behram Khan, Daryaganj, Delhi, but despite number of opportunities granted to him no proper reply was filed by him in this regard. Zulfiqar Ahmed So Zafar Ahmed filed some photocopies of unregistered partnership deed dated 10/1/1990, electricity bill, insurance receipt, TTR, MINI, bill etc. and not led any documents in respect of allotment/lease deed/conveyance deed or licence deed, Sale Deed or damage payment receipt or licence fee receipt etc. or any other document regarding your occupancy ownership of the property. A reply dated 5/2/2024 was filed by your brother Sh. Mazhar Ahmed, S/O Sh. Zafar Ahımed R/O 957, Kucha Rohalla Khan, Delhi-110002 in which he is claiming to be owner of the aforesaid property on the basis of copy of partnership deed dated 10/1/1990 but no other valid document of ownership has been filed or shown till date in this office by him. Hence the contention of ownership cannot be admitted. As per record of transfer property lying in DUSIB, the property bearing no. 2497, ward no 10, Chunk 5, Tiraha Behran Khan, Darya Ganj has been transferred to DUSIB. 5. AND WHEREAS personal hearings were-granted to Zulfiqar Ahmed So Zafar Ahmed, on 23.02.2024, 04.03.2024, 04.04.2024, 26.04.2024, 29.05.2024, 12.06.2024 and 11.07.2024. Zulfiqar Ahmed S/o Zafar Ahmed was granted ample opportunities to file reply to the notice alongwith documents relied upon by you. The hearings were attended either by Zulfiqar Ahmed S/o Zafar Ahmed, or by his representative. Repeated adjournments were granted to Zulfiqar Ahmed S/o Zafar Ahimed in the interest of justice at his request for enabling him to file proper reply. Principles of natural justice were followed but despite large number of opportunities granted, Zulfiqar Ahmed s/o Zafar Ahmed neither submitted any proper reply in the notice nor any documents regarding his occupancy in respect of aforesaid property. It appears that Zulfiqar Ahmed s/o Zafar Ahmed has nothing to say in respect of aforesaid notice under section 41 of the DUSIB Act, 2010 and he is interested only in getting adjournments.” 12. In the above circumstances, the conduct of the petitioner disentitles it This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 9 of 10 to any relief. However, in the interest of justice, this Court has also examined the factual conspectus of the matter. 13. It is noted that the present petition avers that the property which was directed to be sealed pursuant to the eviction order dated 05.09.2024 is property bearing no. 2497, Ward No. X, Chunk 5, Tiraha Behram Khan, Darya Ganj, Delhi-110002 whereas the respondent nos.2 and 3 have erroneously misconstrued the same to be the property of the petitioner i.e., property bearing no. 2497/XI, Ward No. XI, ground floor, Chunk 5, Tiraha Behram Khan, Darya Ganj, Delhi-110002. 14. The learned counsel on behalf of the respondents submitted that it is for the very first time that the petitioner before this Court has averred that the property owned by the petitioner is situated in ward no. XI whereas the property of which ownership is claimed by the respondent no.2 is situated in ward no. X. It is stated that was not even the case of the petitioner during the pendency of proceedings before respondent nos.1 and 2. It is further submitted that the present petition is unable to disclose any error or infirmity in the impugned order/s. 15. A bare perusal of the present petition brings out that the petitioner’s prayer for assailing the impugned order/s is premised solely on the basis that in the guise of the impugned order/s, the respondents have wrongly sought to proceed against a different property i.e. property owned by the petitioner bearing no. 2497, Ward No. XI, Chunk 5, Tiraha Behram Khan, Darya Ganj, Delhi-110002. 16. To allay the above concern/s, the learned counsel for the respondents assures and undertakes that action proposed to be taken based on the impugned order/s shall be confined to the property referred to therein viz. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:44:20 W.P.(C) 533/2025 Page 10 of 10 property bearing no. 2497, ward no. X, Chunk 5, Tiraha Behram Khan, Darya Ganj, Delhi-110002, as stated in the impugned orders. The said undertaking is taken on record. 17. In the circumstances, no further order/s are required to be passed in the present petition, the same is, accordingly, disposed of. SACHIN DATTA, J MARCH 7, 2025/sl