Delhi High Court
Ganesh Singhal vs Govt Of Nct Of Delhi And Ors on 17 January, 2022
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th January, 2022
+ W.P.(C) 1003/2022
GANESH SINGHAL ..... Petitioner
Through Petitioner in person.
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through Mr. Rishikesh Kumar, Additional
Standing Counsel for R-1&2.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
Proceedings have been conducted through video conferencing.
CM APPL. 2851/2022 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 1003/2022
1. Present Public Interest Litigation has been preferred seeking the
following reliefs:-
"(i) issue an appropriate Writ(s) or order(s) or direction(s)
to the respondents to demolish the illegal and unauthorised
construction over the Govt. land / road straight upto 100 Fts.
as per approved Site Plan of Govt. of NCT of Delhi of G.T.B.
Nagar to Burari Bye-Pass i.e. Shanti Swarup Marg, Delhi;
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:19.01.2022
17:54:21
(ii) issue an appropriate Writ(s) or order(s) or direction(s)
to the respondents to take the possession of the Road straight
upto 100 Fts. As per approved Site Plan of Govt. of NCT of
Delhi of G.T.B. Nagar to Burari Bye-Pass i.e. Shanti Swarup
Marg, Delhi, from the encroachers / land grabbers etc.
(iii) Any other order(s) or direction(s) which this Hon'ble
Court deem fit just and proper in view of the facts and
circumstances of the case in favour of the petitioner in the
interest of justice."
2. We have heard the Petitioner, who appears in person and learned
counsel appearing on behalf of Respondents No. 1 and 2. Petitioner seeks
directions to the Respondents to demolish the unauthorised construction/
encroachment on the Government land/road, as detailed in the writ petition.
3. It is a settled law that disputed questions of fact or appreciation of
evidence with respect to legality or otherwise of a construction cannot be
adjudicated in a writ jurisdiction, which requires evidence in the form of
documents, site plans, sanction plans, etc. By merely looking into the
documents and representations annexed to the present petition, it is not
possible for this Court to conclude regarding the illegality of the
construction or the alleged encroachment. We thus see no reason to
entertain the present petition.
4. Nonetheless, considering the fact that the Petitioner has alleged that
there is unauthorised construction and large-scale encroachment on the
Government land which, according to him, is leading to massive traffic
jams and other related problems for the residents in the area, we deem it fit
to direct the concerned Respondents to treat the present writ petition as a
representation and look into the grievances ventilated by the Petitioner.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:19.01.2022
17:54:21
Needless to state that the decision shall be taken by the concerned
Respondents in accordance with law, rules, regulations and Government
policies applicable to the facts and circumstances of the case and after
giving adequate opportunity of hearing to the owners/occupiers of the
land/road in question and/or other stakeholders.
5. It is further directed that in case the concerned Respondents find that
there is unauthorized construction or illegal encroachment, the same shall
be demolished/removed by the concerned Respondents, without any delay.
6. With these observations and directions, the writ petition is hereby
disposed of.
CHIEF JUSTICE
JYOTI SINGH, J
JANUARY 17, 2022
rk
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:19.01.2022
17:54:21
