High Court of Delhi was dealing with the Public Interest Litigation seeking to take necessary action to demolish the existing illegal and unlawful unauthorized construction of a house and restrain the respondent No. 6 from creating third Party interest by selling, alienating the illegal construction to prospected purchasers.
Court stated that it needs no gainsaying that the legality or otherwise of a construction cannot be established/proved merely on the basis of documents and photographs, annexed to a writ petition. Cogent evidence is required for the Court to appreciate the illegality and extent of illegal and unauthorized construction, which cannot be done in a writ jurisdiction. Court also stated that it is a settled law that disputed questions of fact or appreciation of evidence is beyond the scope of a writ court exercising jurisdiction in a judicial review. Merely by looking at the documents annexed by the Petitioner to the writ petition, it is not possible for the Court to arrive at any conclusion on the status of construction in question.
Court noticed that the Petitioner has brought to the notice of the Court and flagged the issue of an alleged unauthorized construction. The Court directed the concerned Respondents to look into the grievances ventilated by the Petitioner in the representation and take a decision thereon, in accordance with law, rules, regulations and Government policies, and after giving adequate opportunity of being heard, to the owners/occupiers of the premises in question.
Bench: Hon'ble the Chief Justice and Hon'ble Ms. Justice Jyoti Singh
Case Title: Anti-Corruption Crime and Human Protection Through Its President v. Govt. Of NCT Of Delhi & Ors.
Case Details: W.P.(C) 326/2022
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