Delhi High Court
Darsgah E Islamia Intezamia ... vs Honble Lt Governor Of Delhi & Ors. on 16 September, 2020
$~9.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6427/2020
% Decided on: 16th September, 2020
DARGAH E ISLAMIA INTEZAMIA COMMITTEE
THROUGH: ITS GENERAL SECRETARY ..... Petitioner
Through: Rasheed Abdus Sattar Qureshi, Adv.
Versus
HONBLE LT GOVERNOR OF DELHI & ORS. ..... Respondents
Through: Mr.Madhu Sudan Bhayana, Adv. for
GNCT Delhi for R-1.
Mr.Akhil Mittal, Standing Counsel for R-2,3&4.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N.Patel, Chief Justice(Oral)
Proceedings in the matter have been conducted through video
conferencing.
1. This so-called public interest litigation has been preferred for the
following prayers:-
"A. Issue a writ, order, direction in the nature of mandamus
to the respondents, more particularly respondent no.3
restraining them from new illegal construction or Malba
Dumping or keeping labourers on the encroached green
land.
B. Grant ad-interim ex-parte injunction to the petitioners
against illegal actions of the respondent no. 3 with
respect to new illegal construction or Malba Dumping or
keeping labourers on the encroached green land.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:17.09.2020
08:19:42
C. Issue a writ of mandamus or any other appropriate writ,
order or direction to the respondent no. 2 to immediately
demolish the entire illegal encroachment from the green
land including the permanent structures and developing
this area as green belt by planting greenery.
D. Fixing the responsibility of the respondent no. 3 for
illegal encroachment on green land, responsibility of
respondent no.2 for not protecting its property and
allowing encroachment of green land. Penalty be
imposed on respondent No.2 and 3 for their willful
negligence.
E. Fixing the responsibility of the respondent No.4 (DDA)
for wrongfully transferring encroached green land to
North-MCD Hort Rohini Zone without removing the
illegal encroachment. Penalty be imposed on respondent
No.4 and their officials for their willful negligence. F.
Pass such further or other orders which this Hon'ble
Court deems fit and proper in the facts and circumstances
of the case in the public interest."
2. Having heard the learned counsel for the petitioner and looking to the
facts and circumstances of the case, it appears that the petitioner has raised
allegations about the illegal construction and illegal actions taken by
respondent No.3/North Delhi Municipal Corporation.
3. The illegality or otherwise of the construction cannot be decided in
this writ petition. The petitioner has failed to demonstrate any illegality or
violation on the materials placed on record. There are only vague allegations
about encroachment of land, illegal construction and the existence of a high
tension electricity line on the land adjoining the petitioner's property. The
illegality of the construction can be established only by cogent and
convincing evidences to be led before the concerned Court.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:17.09.2020
08:19:42
4. We are, therefore, not inclined to issue any writ, order or direction
upon the respondents.
5. Liberty, however, is reserved with the petitioner to prefer a
representation before the concerned respondent authorities. As and when
such a representation is filed, the concerned respondent authorities shall
decide the grievances ventilated in the representation in accordance with
law, rules, regulations and Government policies applicable to the facts of the
case, after giving adequate opportunity of being heard to the concerned
parties.
6. With these observations, this writ petition is dismissed.
CHIEF JUSTICE
PRATEEK JALAN, J
SEPTEMBER 16, 2020
'anb'
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:17.09.2020
08:19:42
