Delhi High Court
Vijay Kumar Diwakar vs State Of (Nct) Of Delhi And Ors. on 18 November, 2019
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18.11.2019
+ W.P.(C) 9126/2018
VIJAY KUMAR DIWAKAR ..... Petitioner
Through: Mr. Joginder Tuli, Ms. Joshini Tuli,
Advocates
versus
STATE OF (NCT) OF DELHI AND ORS. ..... Respondents
Through: Mr. S.K. Tripathi, Additional
Standing Counsel for GNCT with
Mr. Shashank Tiwari, Mr. Arpit
Bisht, Advocates for respondent No.1.
Mr. Nitin Jain, Advocate for
respondent No.2 (DUSIB).
Ms.Sangeeta Chandra, Mr. Deepak
Khadaria, Advocate for respondent
No.3 (SDMC).
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
D.N. PATEL, CHIEF JUSTICE (Oral)
1. This Public Interest Litigation has been preferred with the
following prayers:
"(i) allow this writ petition and issue directions in the
nature of writ of mandamus or any other writ or
orders or directions to SDMC/respondent no.3 to
demolish the illegal/unauthorized constructions
that has been done on the 103 plots allotted to 157
W.P.(C) 9126/2018 Page 1 of 3
persons admeasuring 268 sq. meter each plots by
the Delhi Urban Shelter Improvement Board
(DUSIB) in terms of notification issued in the year
1976-77 for dairy farming known as Madan Pur
Khadar Dairy Farm (opposite Sarita Vihar Metro
Station)',
(ii) conducting an enquiry into the unauthorized and
illegal Constructions and take action in
accordance with law against the erring officers,
public representatives and initiate prosecution
against all concerned persons responsible for such
rampant illegal construction on the said land
allotted for dairy farming; and
(iii) pass any other order which this Hon'ble Court
may deem fit in the interest of justice."
2. Having heard counsel for the petitioner and considering the
facts and circumstances of the case, it appears that this petitioner is
seeking direction from this court to the respondent no.3 to demolish
the unauthorised construction on 103 plots allotted by Delhi Urban
Shelter Improvement Board (DUSIB), as stated in this writ petition.
3. It would be kept in mind by the petitioner that no construction
can be demolished without joining the concerned owners/occupiers of
the same premises. Hence, we see no reason to entertain such type of
litigation and much less as a Public Interest Litigation.
4. Nonetheless, we hereby direct that the respondent No.2 and 3 to
have a joint inspection of the plots in question, which are narrated in
this writ petition and if there is any unauthorised construction, action
W.P.(C) 9126/2018 Page 2 of 3
shall be taken by the concerned authorities in accordance with law,
Rules, Regulations and Government Policies applicable to the facts of
the case and after giving an adequate opportunity of being heard to the
owners/occupiers of the super-structure.
5. With aforesaid observations, this writ petition is hereby
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
NOVEMBER 18, 2019
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