Delhi High Court
Mahtab And Ors vs Govt. Of Nct Of Delhi And Ors. on 20 November, 2019
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 20th November, 2019
+ W.P.(C) 1846/2018
MAHTAB AND ORS. ..... Petitioners
Through: Ms. Preeti Gupta & Mr. Sitab Ali,
Advs.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Devesh Singh, ASC (Civil) with
Ms. Sukriti Ghai & Mr. Rahul Adhana, Advs. for
GNCTD
Mr. Hasmat Nabi, ASC with Ms. Farah Naaz,
Adv. for R-3
SI Naveen Kumar, PS S.L. Colony
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, Chief Justice (Oral)
1. This Public Interest Litigation has been preferred with the following
prayers:
"a) A writ of certiorari calling for the records of the case and
peruse the same;
b) A writ, orders or directions in the nature of certiorari to
quash the action/ inaction on the part of the Respondents as an
illegal, arbitrary, malafide, discriminatory, vindictive, unjust,
unwarranted, uncalled for and without jurisdiction
action/inaction, FIRSTLY, not taking 'necessary and
appropriate' legal action as mandatory under Section 55 of the
Wakf Act, 1995, SECONDLY, not removing the Encroachers
on public land/graveyard), at Muslim Graveyard/Qabristan
admeasuring 1 Bigha 6 Biswa, situated at Khasra No. 124/84,
Village Sarai Kale Khan, Delhi-110013 and THIRDLY, not
demolishing the said "illegal construction and un-authorized
encroachment" thereof, in gross violation of the rules,
regulation, and policy in this regard and also in gross
violation of the settled law declared by the Hon'ble Supreme
Court of India beside being in violation of the legal and
fundamental rights of the Residents of the area;
c) A writ, orders or directions in the nature of mandamus
commanding/ directing the Respondents to take 'necessary and
appropriate' legal action as mandates Section 55 of the Wakf
Act, 1995 and further direct to remove Encroachers on public
land / graveyard), situated at Khasra No. 124/84, Village
Sarai Kale Khan, delhi-110013 and further direct them to
demolish the said illegal and un-authorized construction
thereof;
d) A writ, orders or directions directing / prohibiting any
further "illegal encroachment & unauthorized construction" at
Muslim Graveyard/ Qabristan, situated at Khasra No. 124/84,
Village Sarai Kale Khan, Delhi-110013, in violation of law,
rules, regulations, bye-laws and policy in this regard."
2. Having heard the counsel for both the sides and looking to the facts
and circumstances of the case, it appears that there are allegations by these
petitioners that living persons are encroaching upon a graveyard - a place
where dead persons are buried and hence, the petitioner is seeking
demolition of such unauthorized construction made at the behest of the
respondents. Counsel appearing for the respondent No.3 - Delhi Wakf
Board submitted that it has already filed a counter affidavit. It is further
submitted by the counsel for respondent No.3 that they are in the process of
removing the said encroachment by giving notice under Section 54 of the
Wakf Act, 1995 to the encroachers and the proceedings pursuant thereto are
already going on. Counsel for respondent No.3 has relied upon the
"Procedure for removal of encroachment from Wakf property" under
Section 54 of the Wakf Act, 1995.
3. In view of the aforesaid submissions and also looking to the fact that
the respondent No.3 has already started action for removal of the
encroachments under Section 54 of the Wakf Act, 1995, no much directions
are required to be given to the respondent No.3, nonetheless, we expect from
the respondents that they shall complete the process of removal of the
encroachments from the property of the Wakf Board under the Wakf Act,
1995 in accordance with law, rules, regulations and Government policy
applicable to the facts of the present case.
C.M. No. 7695/2018 (Stay)
4. In view of the final order passed in W.P.(C) 1846/2018, this
application stands disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
NOVEMBER 20, 2019
ns
