Delhi High Court
Aman News vs Sdmc And Ors on 6 December, 2021
$~64
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.12.2021
+ W.P.(C) 13845/2021
AMAN NEWS ..... Petitioner
versus
SDMC AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Ms. Archana Shahi, Advocate (through VC)
For the Respondent: Mr. Ajjay Aroraa, Standing Counse, SDMC with
Mr. Kapil Dutta and Mr. Rajat Rajoria Singh,
Advocate (through VC).
Mr. Wajeeh Shafiq, Standing Counsel, Delhi Waqf
Board with Ms. Ramsha Shan and Ms. Sabika
Ahmad, Advocates along with Ms. Shaista
Siddiqui, Law Officer, DWB (through VC)
Ms. Sangeeta Bharti, Standing Counsel, Delhi Jal
Board (through VC)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks a direction to the respondent No.1 to disclose to
whom notices similar to notice dated 08.10.2021 (issued to petitioner)
has been served upon and also to submit as to how construction
activity has been going on in Times of India building and what action
has been taken against other encroachments on public land and further
Signature Not Verified
W.P(C) 13845/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24 23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
seeks a restraint on the Respondents from taking any coercive action
against the property of the Petitioner.
2. Notice dated 08.10.2021 records that pursuant to directions
issued by the Division Bench of this Court by its order dated
16.07.2021 in W.P(C) 6649/2021 titled Yuva Sangharsh Samiti vs.
State of Delhi & Ors and in order to ascertain the status of
encroachment, a survey was carried out of the public street behind the
Times of India building, ITO and during survey it was noticed that
petitioner is one of the encroachers on public street and liable to be
removed. Show cause was issued to the petitioner to show cause as to
why action of removal be not taken.
3. Petitioner has already filed a reply to the said show cause
notice.
4. Learned counsel appearing for respondent No.1 submits that
show cause notice has already been disposed of as no title documents
to the public land were produced by the petitioner. He further points
out that petitioner had earlier filed a writ petition being W.P(C)
12919/2021 titled Aman News vs. SDMC seeking a stay on order dated
16.07.2021 passed by the Division Bench of this Court, which petition
was dismissed as withdrawn on 17.11.2021.
5. Learned counsel submits that there is material concealment as
there is no disclosure of the earlier petition in this petition.
Signature Not Verified
W.P(C) 13845/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24 23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
6. Learned counsel appearing for the petitioner submits that the
Division Bench was misled in passing the order dated 16.07.2021 and
a review petition has already been filed before the Division Bench and
even an appeal has been filed against the said order.
7. Be that as it may, since the Corporation is taking action based
on the directions issued by the Division Bench by its order dated
16.07.2021 (supra) and petitioner has already approached the Division
Bench and as stated, also filed an appeal against the said order, a
petition under Article 226 of the Constitution of India would not be
maintainable. The petition is accordingly dismissed.
8. All rights and contentions of parties are reserved.
SANJEEV SACHDEVA, J.
DECEMBER 06, 2021
rk
Signature Not Verified
W.P(C) 13845/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24 23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
