Delhi High Court
National Alliance Of People S ... vs Delhi Development Authority And ... on 5 December, 2019
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 5th December, 2019
+ W.P.(C) 11103/2017 and CM No.45419/2017
NATIONAL ALLIANCE OF PEOPLE S MOVEMENT AND
ORS ..... Petitioners
Through: Mr. Fidel Sebastian, Adv.
versus
DELHI DEVELOPMENT AUTHORITY AND ORS
..... Respondents
Through: Mr. Sanjeev Sagar, Standing
Counsel with Ms. Nazia Praveen, Adv. for R-1
Mr. Anil soni, CGSC with Mr. Devesh Dubey,
Adv. for R-UOI
Mr. Parvinder Chauhan, Adv. for R-DUSIB
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 05.12.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 11103/2017
1. This Public Interest Litigation has been preferred with the
following prayers :
"a. to quash and set aside the demolition notice dated
5.12.2017 issued by the Rl, DDA;
b. direct Rl, DDA to produce before the Court the
complete layout and plan for the so called 80 feet
construction of the Yogashram Road connecting outer
Ring Road with Maharaja Agrasen Marg;
c. direct Rl, DDA to consider the petitioner's alternate
plans/objections to the proposed road construction;
d. should the said road construction constitutes an
important public purpose and is, hence, unavoidable,
direct the respondent no.2 DUSIB to conduct a survey of
the affected residents and rehabilitate the same in-situ or
within a 5Km of their present location;
e. direct the R3, Police, to provide protection against any
demolition to the residents until express order from the
Court.
f. for any such other and suitable order/s as this Hon'bie
Court may deem fit and necessary in the facts and
circumstances of the case and in the interest of justice And
for this act of kindness petitioners shall every pray."
2. We have heard learned counsel for the petitioner and respondent
no.1 at length. It is submitted by counsel for the respondent no.1 that the
legality or otherwise of the properties in question which are narrated in
this writ petition, are required to be decided by them after inspection of
these properties and if these constructions are found to be illegal in
nature, the demolition process will be started by the respondent no.1 in
accordance with law.
3. In view of the stand taken by the respondent no.1, we see no reason
to entertain this writ petition because respondent no.1 will firstly decide
the legality or otherwise of the construction as stated hereinabove in
accordance with law and after giving an adequate opportunity of being
heard to the owner/occupier of the superstructure. If the same is found to
be illegal in nature or unauthorised construction, further actions will be
initiated by the respondent no.1 for the demolition or such other actions
in accordance with law, rules, regulations, Government policy applicable
to the facts of the case.
4. With these observations, this petition is hereby disposed of.
CM No.45419/2017 (stay)
1. In view of the disposal of the writ petition, this application stands
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
DECEMBER 05, 2019/kr
