Delhi High Court
Corruption Against Society ... vs Union Of India And Ors. on 23 October, 2019
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd October, 2019
+ W.P.(C) 13315/2018
CORRUPTION AGAINST SOCIETY (REGD.)..... Petitioner
Through: Mr. Arun Kaushal, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC with Mr.
Devesh Dubey, Adv. for
respondent no. 1
Mr. Gautam Narayan, ASC with
Ms. Shivani Vij, Adv. for GNCTD
Ms. Shobhana Takiar and Ms.
Shweta Anand, Advs. for DDA
Ms. P. Mehta, Adv. for Mr.
Gaurang Kanta, CGSC for
respondent no. 5
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 23.10.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 13315/2018
1. This Public Interest Litigation (PIL) has been preferred with the
following prayers:-
"a) Issue a writ in the nature of mandamus
directing thereby the respondents either to remove
all religious structures which are built up either
over government land, park or footpath and in
case it is not possible to take over the charge of all
religious structures which are built up either over
government land or footpath and
b) Issue a writ in the nature of mandamus
directing thereby the respondents to appoint the
area SDM as administrator of all the religious
structures which are built up either over
government land, park or footpath which comes in
their jurisdiction and
c) Issue a writ in the nature of mandamus directing
thereby the respondents to appoint the area SDM
as administrator of all the religious structures
which are built up either over government land,
park or either over government land, park or
footpath for development of such religious
structures and persons so appointed for
maintenance of such religious structures be
appointed in accordance with law.
e) Issue any other writ / order(s) or directions as
this Hon'ble court may kindly be fit and proper in
the given facts and circumstances in favour of the
petitioner and against the respondent in the
interest of justice."
2. Having heard counsel for both the sides and looking to the facts
and circumstances of the case, it appears that the petitioner is in search of
demolition of religious structures on footpath, Government land, park etc.
As submitted by the counsel for petitioner, these demolitions required to
be done by the respondent nos. 4 and 5 with the help of respondent no. 6.
3. The demolition of any construction depends upon the nature of
illegality in construction, the place of construction and such other factors.
No general lump sum order can be passed for all types of religious
structures. Suffice it to say for the disposal of this writ petition that the
respondents will act in accordance with law, as and when a particular
case of illegal construction is brought to their notice. In the facts of the
present case, at pages 30 and 31, few photographs have been referred to
by the counsel for petitioner. It ought to be kept in mind that whether the
structures shown in the photographs are on footpath or on the
Government land or park, concerned Authority is required to hear the
affected parties. Facts are to be established and thereafter only the
respondents can take action, in accordance with law, rules, regulations
and Government policy as applicable to the facts of the present case. We,
therefore, direct the respondents to initiate actions in accordance with law
as and when such type of illegal construction is brought to their notice.
4. With these observations, this writ petition is hereby disposed of.
CM Appl. No. 51779/2018 (stay)
In view of the order passed in the writ petition, this civil
miscellaneous application is disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
OCTOBER 23, 2019
r.bararia
