Campaign For People ... vs North Delhi Municipal ...
2020 Latest Caselaw 1485 Del

$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                            Date of decision: 4th March, 2020


+      W.P.(C) 2463/2020

       CAMPAIGN   FOR      PEOPLE     PARTICIPATION,           IN
       DEVELOPMENT PLANNING                      ..... Petitioner
                   Through: Mr. Anil Kumar Aggarwal, Adv. with
                   Prof Madan Mohan

                           versus

       NORTH DELHI MUNICIPAL CORPORATION THROUGH
       COMMISSIONER & ORS                         ..... Respondents
                   Through: Ms. Monika Arora, Standing Counsel-
                   North DMC with Mr. Akashdeep Gupta, Adv.
                   Mr. Arjun Pant, Adv. for R-Delhi Development
                   Authority
                   Mr. Madhur Sudan Bhayana, Adv. for R-3

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

                           ORDER

       %                   04.03.2020

D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 2463/2020

1. This Public Interest Litigation has been preferred with the following prayers :

"A. issue appropriate orders and directions to the Respondent No.l to take; punitive and corrective action under the law to remove all unauthorized industries/factories and

cremation ground from the non-confirming area of Shahabad Dairy falling in vicinity of the residential sectors 26A and 26B part of Sub-city of Rohini, Delhi and Delhi : the Respondent No. 2 namely DDA and the Respondent No. 3 namely the S.H.O. of the concerned Police Station to assist and help the Respondent no. 1, if so required by the Respondent no. 1; and

B. to pass an order or direction to appoint local commissioner to" conduct a survey of all unauthorised industries/factories running and operating in the non- confirming area of Shahabad Dairy falling in vicinity of the residential sectors 26A and 268 planned and developed by DDA as part of Sub-city of Rohini, Delhi, before and after the action taken report" is filed by the respondents; and

C. to pass such other writs, order/s or direction/s including the cost- of this petition, as this Hon'ble Court deems fit and proper in the" facts and circumstances of the case and in the interest of justice."

2. Having heard learned counsel for both the sides, it appears that there are allegations against certain industries which are being operated illegally from the area in question and the same is in violation of the Master Plan for Delhi, 2021 as well as the Building Construction Rules made thereunder. The alleged illegal industries/factories, cremation grounds, etc. operating in the non-conforming area of Shahbad Dairy, falling in the vicinity of residential Sector 26A and 26B, part of sub-city of Rohini, New Delhi.

3. It appears that legality or otherwise of the construction of unauthorized factories, industries etc cannot be decided in the writ petition on the basis of the annexures and the photographs annexed with the petition. To establish the fact of unauthorised construction of factories/industries requires cogent and convincing evidence to be led before the appropriate authority/court. We therefore direct the respondent no.1 to take decision about the legality or otherwise of the construction in the aforesaid area which is mentioned in the writ petition. If the construction or usage of the construction is found to be illegal and in violation of the Master Plan for Delhi, 2021 or in violation of the Building Construction Rules/Bye Laws, action shall be initiated by the respondent no.1 in accordance with law, rules, regulations and Government policy applicable to the facts of the case after giving an adequate opportunity of being heard to the owners/occupiers of the superstructures, as early as possible and practicable.

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

CHIEF JUSTICE

C.HARI SHANKAR, J.

MARCH 04, 2020/kr