Delhi High Court
Anti Corruption Crime And Human ... vs Government Of Nct Of Delhi And Ors. on 17 January, 2022
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th January, 2022
+ W.P.(C) 326/2022
ANTI CORRUPTION CRIME AND HUMAN PROTECTION
THROUGH ITS PRESIDENT ..... Petitioner
Through Mr. R. C. Pathak, Advocate.
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
Through Mr. Rishikesh Kumar, Additional
Standing Counsel for Respondent
Nos. 1 to 5.
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.
W.P.(C) 326/2022 & CM APPL. 930/2022 (Stay)
1. Present Public Interest Litigation has been preferred seeking the
following reliefs:-
"(a) take necessary / appropriate action to demolish the
existing illegal and unlawful unauthorized construction on
House No.110, Gali No.17, Near Umar Masjid, Jakir Nagar,
Okhla, New Delhi- 110025 ;
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.01.2022
22:39:30
(b) restrain the respondent No. 6 from creating third Party
interest by selling, alienating the abovesaid illegal construction
to prospected purchasers,
(c) take necessary / appropriate action against the
respondent No. 6 for violation of the public policy and by laws
adopted by the Government authority"
2. We have heard learned counsel appearing on behalf of the Petitioner
and have looked into the facts and circumstances of the case. Petitioner,
inter alia, seeks a direction to the Respondents No.1 to 5 to demolish the
alleged illegal and unauthorized construction in House bearing No.110, Gali
No.17, Near Umar Masjid, Jakir Nagar, Okhla, New Delhi-110025.
3. It needs no gainsaying that the legality or otherwise of a construction
cannot be established/proved merely on the basis of documents and
photographs, annexed to a writ petition. Cogent evidence is required for the
Court to appreciate the illegality and extent of illegal and unauthorized
construction, which cannot be done in a writ jurisdiction. It is a settled law
that disputed questions of fact or appreciation of evidence is beyond the
scope of a writ court exercising jurisdiction in a judicial review. Merely by
looking at the documents annexed by the Petitioner to the writ petition, it is
not possible for this Court to arrive at any conclusion on the status of
construction in question. We, therefore, see no reason to entertain the
present petition.
4. Nonetheless, looking to the fact that the Petitioner has brought to the
notice of this Court and flagged the issue of an alleged unauthorized
construction, we hereby direct the concerned Respondents to look into
the grievances ventilated by the Petitioner in the representation dated
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.01.2022
22:39:30
22.11.2021 (Annexure P-1 to the memo of the writ petition) and take a
decision thereon, in accordance with law, rules, regulations and Government
policies, and after giving adequate opportunity of being heard, to the
owners/occupiers of the premises in question.
5. Needless to state that if the construction in question is found to be
illegal / unauthorized, the same shall be demolished by the concerned
Respondents, in accordance with law. This exercise shall be completed as
expeditiously as possible.
6. With these observations and directions, the writ petition along with
the pending application is hereby disposed of.
CHIEF JUSTICE
JYOTI SINGH, J
JANUARY 17, 2022/st
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.01.2022
22:39:30
