HC dismisses Dargah-E-Islamia’s PIL seeking action against  ‘Malba Dumping’ [Read Judgment]

The Delhi HC in, DARGAH E ISLAMIA INTEZAMIA COMMITTEE THROUGH ITS GENERAL SECRETARY v. HON'BLE LT GOVERNOR OF DELHI & ORS. dismisses the plea of Dargah-e-Islamia’s plea against alleged new illegal construction. The Petitioners in their plea also mentioned the terms ‘Malba Dumping or keeping laborers on the encroached green land.’ The plea also sought for an ad-interim ex-parte injunction against the alleged illegal construction.

The Petitioners in their plea even sought for demolishment of the entire illegal encroachment from the green land including the permanent structures, also asked for developing the said area into a green belt by planting greenery and furthermore fixing the liability of the respondent for illegal encroachment of green land.

The Court after the perusal of arguments by counsel for the petitioner and looking to the facts and circumstances of the case stated that the petitioner after placing the relevant material on record could not prove any illegality of violation. The material placed on record is just vague and nebulous evidence that does not show any illegality. Hon’ble Chief Justice of Delhi HC while rejecting the petition said that the illegality of construction can only be proved with cogent reasons before a competent court.

Case Details

Case Name- DARGAH E ISLAMIA INTEZAMIA COMMITTEE THROUGH ITS GENERAL SECRETARY v. HON'BLE LT GOVERNOR OF DELHI & ORS

Case Number- W.P.(C) 6427/2020

Counsel for petitioner- Rasheed Abdus Sattar Qureshi, Adv

Counsel for respondent- Mr.Madhu Sudan Bhayana, Adv. for GNCT Delhi for R-1. Mr.Akhil Mittal, Standing Counsel for R-2,3&4

Coram- HON'BLE THE CHIEF JUSTICE DN Patel and HON'BLE MR. JUSTICE PRATEEK JALAN

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