Court Of Its Own Motion vs Union Of India, Ministry Of Urban ...
2021 Latest Caselaw 364 Del

                                $~12
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                %                                        Decided on: 3rd February, 2021

                                +     W.P.(C) 4035/2020 & CM APPL. 24014/2020
                                      COURT OF ITS OWN MOTION                            ..... Petitioner
                                                    Through:

                                                     versus
                                      UNION OF INDIA, MINISTRY OF URBAN
                                      DEVELOPMENT & ORS.                         ..... Respondents

Through: Mr. Arun Bhardwaj, CGSC for UOI Mr. Arjun Pant, Advocate for DDA CORAM:

HON' BLE THE CHIEF J USTICE HON' BLE MS. J USTICE J YOTI SINGH J UDGMENT : D.N.PATEL, Chief J ustice (Oral)

1. Suo motu proceedings were initiated by this Court on account of two video clips, which were being circulated on social media, vide our order dated 08.07.2020. The matter concerns unauthorised constructions in Sanjay Van Area near Vasant Kunj, New Delhi.

2. Pursuant to the said order, detailed counter affidavit/Status Report dated 27.07.2020 has been filed by Delhi Development Authority (DDA), relevant part of which is extracted hereinbelow:

"2(i) A physical survey of Sanjay Van was carried out by the DDA on 20/07/2020. There are a total of 77 Mazars in Sanjay Van occupying approximately 796.35 sq. mtrs. The dimensions of the Mazars vary from 2m x 1m (approx..) to 2.5m x 1.5 (approx). All of the said Mazars are old existing structures. The details of the Mazars with Geo Coordinates are enclosed at Annexure-A.

Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:18.02.2021 13:40 2(ii) 7 other structures i.e. Mandir, Id Gah, Kabristan, Dargah etc. are located in Sanjay Van in a total area of 27809.30 sq. mtrs. The details of such structures with Geo Coordinates are annexed as Annexure-B hereto. 2(iii) Aerial survey with the help of aero-drones cameras was carried out on 20.07.2020, in the presence of DDA and Delhi Police Officers. The CD containing the aerial survey, would be filed before this Hon'ble Court if so directed. In any event, the aero survey has crystallized the position as on 20.07.2020."

3. Status Report and the records filed by the DDA indicate that an Aerial survey was conducted and no new construction activity was visible. The buildings as per the Survey are old existing structures.

4. We are satisfied with the action taken by the DDA at this stage. We, however, direct the DDA to ensure that no unauthorised construction is permitted in the area in question being Sanjay Van, Vasant Kunj, New Delhi. DDA shall continue with the Aerial Survey of the area at regular intervals and the reports shall be docketed in the records.

5. With these observations the writ petition, along with accompanying application, is hereby disposed of.

CHIEF JUSTICE

JYOTI SINGH, J FEBRUARY 3, 2021/rd

Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:18.02.2021 13:40