Nyaya Manch (Ngo) vs The Chairman State Task Force ...
2021 Latest Caselaw 1028 Del

                          $~19
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                 Date of Decision: 25th March, 2021
                          +      W.P.(C) 10704/2020 & CM APPL. 5869/2021
                                 NYAYA MANCH (NGO)                                 ..... Petitioner
                                             Through:            Mr. Alamgir, Advocate
                                                   versus
                                 THE CHAIRMAN STATE TASK FORCE (STF) & ORS.
                                                                            ..... Respondents
                                             Through: Mr. Paritosh Dhwan, Advocate for
                                                       R-1
                                                       Ms. Beenashaw N. Soni, Standing
                                                       Counsel for SDMC with Ms. Mansi
                                                       Bhati, Advocates for R-2 & R-3
                                                       Mr. Tarun Sharma with Ms.Akanksha
                                                       Kapoor & Mr. Shivam Aggarwal,
                                                       Advocates for the applicant in CM
                                                       APPL.5869/2021
                                 CORAM:
                                 HON'BLE THE CHIEF JUSTICE
                                 HON'BLE MR. JUSTICE JASMEET SINGH

                                                            JUDGMENT

D.N. PATEL, CHIEF JUSTICE(ORAL)

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

"a) Direct the respondents to demolish the said unauthorized and illegal construction and encroachment at Mohan Singh Market, Sector-6, R.K.Puram, New Delhi and Sector-8, R.K.

Puram, New Delhi and also encroachment on government land to Main Market of Sector-6, R.K.Puram, New Delhi

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Signing Date:06.04.2021 15:46:58 there is about 50 shops/platforms which consisting illegal and unauthorized construction and encroachment of government land at Mohan Singh Market, Sector-6, R.K. Puram, New Delhi;

b) Direct the respondents to remove the encroachments/ unauthorized construction on the Government road/ street of public utility;

c) Pass any other order/s relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

2. Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this petitioner is in search of demolition of as many as 50 shops at Mohan Singh Market, Sector-6, R.K. Puram, New Delhi.

3. It appears that the concerned shop owners have not been joined as respondents. In the absence of these shop owners, petitioner is searching for the order of demolition to be initiated by the respondents.

4. Hence, we see no reason to entertain this writ petition without joining the owners/occupiers as respondents for the construction to be demolished. No construction can be ordered to be demolished by the Court without hearing owners/occupiers of the construction.

5. With the aforesaid observation, this writ petition is hereby dismissed. The pending application also stands disposed of.

CHIEF JUSTICE

JASMEET SINGH, J MARCH 25, 2021/ns

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Signing Date:06.04.2021 15:46:58