Delhi High Court
Jamia Arabia Nizamia Welfare ... vs Union Of India And Ors. on 4 March, 2020
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 04.03.2020
+ W.P.(C) 13082/2019
JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY
..... Petitioner
Through: Petitioner in person
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Pawan Mathur, Standing Counsel
for DDA
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM APPL.53338/2019 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 13082/2019
1. This so-called Public Interest Litigation has been preferred with the
following prayers:
"(a) Issue a Writ in the nature of mandamus and or any other
appropriate order or direction of like nature directing the
Respondents Nos. 1 to 3 to forth with remove the encroacher
and unauthorized building constructed in the land attached to
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:12.03.2020 12:34
Dargah Bibi Fatima Sam (one of the property among 123
valuable properties notified in the year 1984 to be given to
Respondent no.4, DWB), which has been encroached by the
respondent No.5 in connivance with respondent No.4 despite
the stay granted by Hon'ble High Court of Delhi.
(b) Issue a Writ in the nature of mandamus and or any other
appropriate order or direction of like nature directing the
Respondents Nos. 1 to 3 to take stern action against
respondent nos. 4 and 5 who are involved in the encroachment
with sheer violation of stay order.
(c) Any other Order which this Hon'ble Court may deem fit
and proper in the facts and circumstances of the present case
may also be passed in favour of the Petitioner and against the
Respondents."
2. Having heard the petitioner in person and learned Standing Counsel
for the Delhi Development Authority and looking to the facts and
circumstances of the case, it appears that several grievances have been
ventilated by this petitioner about the so-called illegal and unauthorised
construction in the property attached to Dargah Bibi Fatima Sam, Kaka
Nagar (one of the property among 123 valuable properties notified in the
year 1984 to be given to the respondent No.4 (Delhi Wakf Board). It is
submitted by the petitioner in person that the said illegal construction is
upon the land and building bearing No.43/1, Kaka Nagar, Wallesly Road
also known as 'Dargah Bibi Fatima Sam'.
3. In our considered view ilegality or otherwise of the construction and
use thereof cannot be decided in the writ petition on the basis of mere
assertions and annexures. To establish the legality or otherwise of the
construction and the use thereof, cogent and convincing evidences are
required to be led before the appropriate authority or court. Hence, we see
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:12.03.2020 12:34
no reason to entertain this writ petition. None the less, respondent No.1
shall look into the grievances of the petitioner and if there is any illegal
construction/encroachment on the property in question, the same will be
removed by respondent No.1 in accordance with law, rules, regulations and
Government policy applicable to the facts of the present case after giving
adequate opportunity of being heard to the owner/occupier of the premises
in question.
4. With the aforesaid observations, this writ petition is hereby disposed
of.
CHIEF JUSTICE
C.HARI SHANKAR
MARCH 04, 2020
ns
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:12.03.2020 12:34
