Court On Its Own Motion vs Govt Of Nct Of Delhi & Ors
2019 Latest Caselaw 5138 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     Date of decision: 22nd October, 2019

+      W.P.(C) 748/2019

       COURT ON ITS OWN MOTION             ..... Petitioner
                     Through: Court on its own motion


                          versus



       GOVT OF NCT OF DELHI & ORS.       ..... Respondents
                    Through: Mr. Rajat Aneja and Ms. Rajula
                    Gaur, Advs. for R-6

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                          ORDER

%                         22.10.2019

D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 748/2019

1. A letter written by the citizens of Delhi has been converted into a Public Interest Litigation which is about the unauthorised use of the land and properties situated at Village Bhatti, Saket, New Delhi.

2. We have heard counsel appearing for the Respondent No.6 who has filed a detailed affidavit and has submitted that respondent no. 6 and her family members are the joint owner of the properties i.e. khasra nos. 41 and 44 of Village Bhatti, Saket, New Delhi. It is also submitted by counsel for the Respondent No.6 that there is no illegal construction nor any illegal activity is going on at the premises in question. Moreover, it

is also submitted by counsel for the Respondent No .6 that FIRs have been registered against the persons, who have written such type of letter to this Court and in which charge sheet have also been filed and they are facing the trial of the offences pointed out in the charge sheet which is ongoing.

3. In view of the aforesaid submissions and looking to the counter affidavit filed by the Respondent No.6, it appears that there is no need to further monitor this case. Even otherwise also, question of ownership and legality of use of the property can be decided in a suit and not in a public interest writ petition. Hence also, we see no reason to continue to monitor this case.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J.

OCTOBER 22, 2019/kr