Delhi High Court
Bir Singh vs Nct Of Delhi & Ors. on 4 February, 2021
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1445/2021 & CM No. 4141/2021 (Stay), CM No. 4142/2021
(Exemption)
BIR SINGH ..... Petitioner
Through Mr.S.B. Sharma, Advocate
versus
NCT OF DELHI & ORS. ..... Respondents
Through Ms.Shobhna Takiar, Advocate for
Respondent Nos.1, 5 to 7, 10, 13 &
14.
Ms.Prabhsahay Kaur, Advocate for
Respondent Nos.3 & 4 to 11.
Mr.Murari Kumar, Advocate for
Respondent Nos.8 & 9.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 04.02.2021
Proceedings in the matter have been conducted through video
conferencing.
1. This Public Interest Litigation has been preferred for the following
reliefs:-
"(a) Pass an appropriate order issuing the writ of mandamus or any
other writ thereby the respondents be directed to get the illegal
encroachment removed/demolished from and nearby Andolan
Park, Sheikh Sarai now known as Savitri Nagar, New Delhi
situated on Gram Sabha/ Johar (Pond) land encroached illegal
parking, shop keepers, service centre owners or any other
persons around Andolan Park.
b) Pass an order thereby the respondents be directed not to take
forcible possession of Andolan Park/Pond land of village
Sheikh Sarai now known as Savitri Nagar, New Delhi.
Signature Not Verified
Digitally Signed By:PANKAJ
Location:
Signing Date:18.02.2021 13:40
c) Pass an order thereby the officials of respondents be directed
not to interfere in any activity of villagers i.e. Andolan
Park/Pond land of village Sheikh Sarai now known as Savitri
Nagar, New Delhi belonging to the villages which is being used
by the villagers for public purpose like public meeting. Social
functions, walking. Greenery, playing of kids etc.
(d) Any other relief which this Hon'ble Court deems fit and proper,
in the facts and circumstances of the present case, may also be
granted in favor of petitioner."
2. Having heard learned counsel for the petitioner and looking to the
facts and circumstances of the case, it appears that there are several
allegations levelled by the petitioner that there is unauthorised construction
at Andolan Park, Sheikh Sarai now known as Savitri Nagar, New Delhi.
3. Counsel appearing for the petitioner has taken this Court to various
photographs pointing out the unauthorised construction.
4. There cannot be a dispute on the fact that merely on basis of
annexures and photographs annexed to a writ petition, the question of
alleged unauthorised construction cannot be decided. Cogent evidence in the
form of documents including Site Plans etc. has to be led before the
appropriate authority or before the Trial Court in a civil proceeding to
substantiate the case of unauthorised construction. Moreover, opportunity of
being heard is required to be given to the owners/occupiers of the premises
in question. In the absence of the aforesaid, no order can be passed either
declaring the construction to be unauthorised or for demolition of the same.
Therefore, merely on the basis of the photographs annexed by the petitioner,
this Court cannot be called upon to decide the legality or otherwise of the
constructions in question at Savitri Nagar, New Delhi.
Signature Not Verified
Digitally Signed By:PANKAJ
Location:
Signing Date:18.02.2021 13:40
5. In view of these facts, we hereby direct the concerned
respondents/authorities to treat this writ petition as a representation and
decide the grievances ventilated in this petition, especially with regard to the
legality or otherwise of the alleged unauthorised construction at Savitri
Nagar, New Delhi, as brought out in the memo of this petition. Needless to
state that the decision shall be taken by the authorities, in accordance with
law, Rules, Regulations and Government Policies, applicable to the facts of
the case and after giving adequate opportunity of being heard to the
concerned parties.
6. If the construction is found to be unauthorised, the concerned
respondents/authorities shall remove/demolish the same, in accordance with
law after giving adequate opportunity of being heard to the concerned
parties, as expeditiously as possible and practicable. In case any stay/interim
order has been granted by any of the Authorities/Tribunals/Courts with
respect to the concerned premises, the same shall be kept in mind by the
respondents/authorities, before taking a decision in passing an order and/or
taking further action.
7. With these directions writ petition is hereby disposed of along with
pending applications.
CHIEF JUSTICE
JYOTI SINGH, J
FEBRUARY 4, 2021/aa
Signature Not Verified
Digitally Signed By:PANKAJ
Location:
Signing Date:18.02.2021 13:40
