Kabristan Intzamia Association ... vs The State Of Ors.
2017 Latest Caselaw 7361 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+              W.P.(C) 11421/2017 and CM Nos.46623-26/2017

%                             Date of decision : 20th December, 2017

       KABRISTAN INTZAMIA
       ASSOCIATION AND ORS.                             ..... Petitioners
                     Through :             Mr. P.K. Shrivastava, Adv.
                     versus
       THE STATE OF ORS.                               ... Respondents
                     Through :             Mr. Naushad Ahmed Khan, ASC
                                           (Civil), GNCTD/R-1 with Ms.
                                           Deepshikha Goyal, Adv.
                                           Mr. Puneet Garg, Adv. for R-3.
                                           Mr. Manish Srivastava and Mr.
                                           Aditya Gupta, Advs. for R-
                                           5/BRPL.

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                       JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE CM Nos.46624-25/2017 Allowed, subject to just exceptions. The applications are disposed of.

W.P.(C)No.11421/2017

1. The writ petitioners claim that premised on the statement made by a Member of Legislative Assembly (MLA), the petitioners have started using government land near Vipin Garden, Uttam Nagar, West Delhi-59 as a burial ground. No legal right is either pointed out or made out with

respect to the subject land. No person has any right to use any open land, especially government land, indiscriminately as a burial ground.

2. The Sub-Divisional Magistrate (Dwarka) has considered all matters and passed a conditional order dated 1st August, 2017 under Section 133 of the Cr.P.C. No illegality in the said order is pointed out or made out.

3. All parties have to strictly abide by the law and the said order dated 1st August, 2017 passed by the Sub-Divisional Magistrate (Dwarka) in exercise of powers under the Code of Criminal Procedure. The respondents shall take strict action for violation of the said order.

4. This writ petition is dismissed in the above terms. CM No.46626/2017

1. By way of this application, the petitioners have sought condonation of delay in re-filing of the writ petition.

2. This application is completely misconceived and is hereby dismissed.

CM No.46623/2017 (stay) In view of the orders passed in the writ petition, this application does not survive for adjudication which is hereby dismissed.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J DECEMBER 20, 2017 aj