Having suffered a head injury and one of them spending two weeks in jail, two businessmen fighting over a piece of land in Amar Vihar in West Delhi found out they’d battled over something that did not belong to either of them.
The land belonged to the Delhi Development Authority.
When the two groups comprising Karkardooma resident Dharmender and his employees and Joginder Chauhan and his employees fought over a property on December 22 last year, each man claimed he had the land rights.
The brawl got ugly quickly. Both sides – each with three more followers participating – suffered injuries for which they had to go to Sanjay Gandhi Memorial Hospital for treatment.
Police were called and Chauhan and his party were arrested as they are allegedly the aggressors. But when their case reached court, additional sessions judge Sunil K Aggarwal discovered that “both sides had encroached on DDA land.”
The judge’s observation came while hearing the anticipatory application filed by Chauhan, his brother Pairu and other associates.
After asking police to look into the matter, the court discovered that both men were encroaching on DDA land in order to spread their garbage. It seemed the land authority had not secured the area or cleared the plot.
“Such use of the open land is not only health hazard but also given rise to criminal offences. The SHO should ask the DDA to clear their land and secure it from encroachers so that such cases do not multiply,” the judge warned.
But in this case, he granted bail to Chauhan and others after directing them to join the investigation against them for grievously injuring Dharmendra and four of his employees, including one woman.
While arguing against anticipatory bail for the accused, public prosecutor PK Samadhiya argued that they had hit Dharmender and others on their head with weapons – thereby showing an intention to inflict “deep wounds.”
The complaint was registered by Dharmendra’s employees who were thrashed –Lal Kumar and Shree Chand. Apart from these three, a female employee and an employee Pinto were also beaten, the FIR said.
The fight began because Chauhan and his party had been occupying a passage of land and were not allowing people “to proceed for loading of kabada (scrap),” it added.
The court noted that unoccupied and vague status of land could lead to increase in criminal offenses around properties. The accused were granted anticipatory bail after they agreed to furnish Rs 40,000 as a personal bond along with a surety of like amount.