Delhi High Court
Sonu Devi vs Additional Managing Director, ... on 4 March, 2020
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 4th March, 2020
+ W.P.(C) 2507/2020 and CM Nos. 8788, 8789/2020
SONU DEVI ..... Petitioner
Through: Mr. Satyanand, Adv.
versus
ADDITIONAL MANAGING DIRECTOR, (IGL) & ORS.
..... Respondents
Through: Mr. Abhimanyu Garg, Adv. with Mr.
Karan Malik, Dy. Manager (Legal)
Ms. Mini Pushkarna, Standing Counsel-Delhi
Urban Shelter Improvement Board/R-2 and 3 with
Ms. Swagata Bhuyan, Ms. Khushboo Nahar, Ms.
Latika Malhotra, Advs. with Mr. Rajinder Kumar,
Deputy Director-Institutional Allotment (DUSIB)
Mr. Viplav Acharya, Adv. with Mr. V. Satish
Kumar, Deputy Director-Horticulture (North
MCD)
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 04.03.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM No. 8788/2020 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 2507/2020
1. The present Public Interest Litigation has been preferred with the
following prayers :
"Under facts are circumstance of the case it is most
respectfully prayed that your lordship may kindly graciously
be pleased to order to stop illegal construction in the park
which are illegal, arbitrary, discriminatory, unjust,
unwarranted and without jurisdiction and in violation of
master plan 2021, that no construction allowed in any park.
CNG/IGL never be allowed in any park. CNG/IGL is allowed
in every zone of industrial area other than residential area.
Following certificates may kindly be put up before the Hon'ble
court and a copy of the same to the petitioner: -
1. Put up approval Certificate of L.G. Delhi, regarding CNG
in the park.
2. Put up permission the Change of use of land for GNC in the
Park.
3. Put up tree cutting permission, Pollution control permission
and Fire department NOC.
4. To put up before the Hon'ble Court, Copy handing our land
from MCD to DUSIB.
5. Modification of the lay out plan.
6. Consent of the residents of the colony, since this the
developed colony.
7. Lay out sanction plan of CNG and petrol pump.
8.' Order of Hon'ble Court for police protection.
9. Demarcation of land with map of CNG. And petrol pump.
Otherwise who shall be responsible in the event of unwanted
happening at the Petrol pump at Rajiv Gandhi park, nr.
Flyover Mangol Purl, Delhi 83 being established attached
residential area which should be established in industrial
area."
2. Having heard learned counsel for both the sides 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 constructions at
Rajiv Gandhi Park, near Flyover Mangol Puri, Delhi-83.
3. The legality or otherwise of the alleged illegal construction cannot be
proved with the help of annexures and bare assertions. Cogent and
convincing evidences are required to be led before the concerned authority or
before the competent Trial Court.
4. In view of these facts, we hereby direct the concerned respondent
authority to ascertain the legality or otherwise of the alleged illegal
construction.
5. If the construction is found to be illegal, after giving an adequate
opportunity of being heard to the concerned parties, the same shall be
demolished or removed in accordance with law, rules, regulations and
Government policy as early as possible and practicable.
6. With these observations, this writ petition is hereby disposed of.
CM No. 8789/2020
1. In view of the disposal of the writ petition, this application also stand
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
MARCH 04, 2020/kr
