Delhi High Court
Deepanshu Yadav vs State Of Nct Of Delhi And Anr on 18 July, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18th JULY, 2023
IN THE MATTER OF:
+ W.P.(C) 8811/2023 & CM APPL. 33327/2023
DEEPANSHU YADAV ..... Petitioner
Through: Mr. Anand, Mr. Akshay Kumar,
Advocates
versus
STATE OF NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Rishikesh Kumar,
ASC for GNCTD with Ms. Sheenu
Priya, Ms. Roshini Haldar Das,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
JUDGMENT
1. The present Writ Petition has been filed by the Petitioner seeking
quashing of the demolition order dated 06.06.2023, passed by the
Respondent No.2 herein, for demolition of the Hanuman and Shani Dev
Mandir at Chhawla drain, Village Chhawla (hereinafter referred to as 'the
temple in question').
2. On 04.07.203 this Court directed the Respondents to file a Status
Report. The Status Report has been filed.
3. Admittedly, the temple in question is located on a public land. In the
Status Report it is stated that the question regarding relocation of the temple
in question was considered by the Religious Committee in its meeting dated
13.09.2022. The said meeting was held under the Chairmanship of Secretary
(Home) and was attended by the following officials:
Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:19.07.2023
21:32:06
S.No Name of Officer Designation
1. Sh. Sudhir Kumar Secretary (Home), Chairman
Ms. Asha Chaudhary Additional Secretary (Home)
Malhotra
3. Sh. Shakti Banger Deputy Secretary (Home)
4. Sh. Brahamjeet Singh ACP Command, Special Branch of
Delhi
5. Sh. Nirav Patel ACP
6. Shri Vikram Singh, Addl. DCP-1, Dwarka, New Delhi
7. Sh. Rajbir Malik ACO/DIU/CD
8. Sh. Harsh Indora Addl. DCP/SHD
9. Sh. Vinod Narang ACP Mehrauli
10. Sh. P C Yadav SHO/Mehrauli
11. Sh. Sachin Sharma ADCP ED
12. Sh. V K Singh EE PWD
13. Sh R D Meena EE/PWD
14. Sh P.S. Chauhan Executive Engineer, SR-1, PWD
15. Sh. Ashish Gupta EE, SWR-11-
16. Sh. Jitendra Kumar SE/I&FC
17. Sh. Narender Kumar AE(I&FC Deptt.)
18. Sh. Ashok K. Rajdev Pr. CE, PWD
19. Sh. Amit Kumar Singh EE/ER, PWD
20. Sh. Surender Singh SE, MCD
21. Sh. Pravin Dhaware. AE (MCD)
22. Sh Surender Singh ADH (MCD)
23. Sh. N K Jain EE(Pr)NG2
Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:19.07.2023
21:32:06
24. Sh. A K Yadav AE/M-III SR(North) MCD
25. Mohd. Raoof (LA) DWB
26. Sh. Nisab Ahmad Khan Delhi Wakf Board
27. Sh. Bijender Singh Patwari
28. Sh. Mukesh Meena SE/East (PWD)
29. Sh. Bilas Khan Delhi Wakf Board
30. Sh. Abhimanyu Kumar SE (PWD) Shahdara
4. The Minutes of Meeting records that the proposal of shifting the
temple in question was received from Public Works Department (PWD),
GNCTD. It is stated that the DCP (Special Branch) was requested by the
PWD to submit its report in this regard and the DCP (Special Branch) vide a
letter dated 20.12.2021 has informed the Department that the temple in
question admeasuring about 50/60 Sq. Yards exists at Najafgarh drain,
nearby B.S.F. Chhwala Camp, Village Chhwala, New Delhi for some years
and is constructed with cement and tin shed. The Minutes of Meeting also
reveals that in the previous meetings of Religious Committee regarding
relocation of the temple in question it was decided that Irrigation and Flood
Control Department, which is the land owning agency, shall organize
meetings with all the stakeholders including the area MLA/Councillor and
the caretaker of the temple in question in the presence of a representative of
local police to explore the possibility of shifting/removal of the temple. It is
stated that no decision was arrived at in the said meetings. The Religious
Committee after going through all the photographs and facts on record and
after taking into account that the temple in question was built in an
unauthorized manner on a public land and is causing traffic jams and in view
Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:19.07.2023
21:32:06
of increasing chances of accidents and on the basis of land owning agency's
recommendation that the land on which the temple in question has been
constructed is required for de-silting and development works, recommended
for removal of the temple in question.
5. Consequently, Executive Engineer, Civil Division-I, Flood Control
Department, intimated the District Magistrate (S/W) regarding the decision
taken by the Religious Committee in its meeting dated 13.09.2022 and a
request was made to the District Magistrate to inform the Special Task Force
for immediate action and removal of the temple in question and also to
maintain the law and order situation. Pursuant to the said communication,
the demolition order dated 06.06.2023 was issued by the Office of the Sub-
Divisional Magistrate (Kapashera) indicating that the demolition drive for
demolition of the temple in question has been fixed for 12.06.2023 at 11:00
AM. A notice dated 08.06.2023 was also issued informing the Petitioner
herein that 15 days is being given to him to remove the structure failing
which necessary action will be taken by the Department.
6. It is this demolition order which has been challenged in the present
petition.
7. It is contended by the learned Counsel for the Petitioner that the Sub-
Divisional Magistrate could not have passed the order of demolition as
Village Chhwala has been declared as an urban area by the Department of
Urban Development vide its Notification dated 16.05.2017 issued under
section 507(a) of the Delhi Municipal Corporation Act, 1957. He further
draws the attention of this Court to the circular dated 05.05.2014 issued by
the Government of NCT of Delhi stating that the Order of demolition is
contrary to the said circular.
Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:19.07.2023
21:32:06
8. Heard the Counsel for the parties and perused the material on record.
9. The material on record indicates that in view of traffic congestion
several routes were identified by the Delhi Police for removal of
obstructions for smooth flow of traffic. This decision was taken pursuant to
the Orders of the Apex Court in WPC No.13029/1985 titled as M.C.Mehta
v. UOI which is monitoring the decongestion of 77 corridors. The Minutes
of Meeting dated 13.09.2022 indicates that temple in question comes in one
such route whose decongestion is being monitored by the Apex Court. The
Minutes of Meeting further discloses that the same has been attended by
officers of MCD; Irrigation and Flood Control Department, which is the
land owning agency; and the PWD. In view of the fact that the temple in
question stands on a public land and has been constructed in an unauthorized
manner and is causing traffic congestion thereby increasing the chances of
accidents, the Religious Committee took the decision of removal of the
temple in question.
10. The contention of the learned Counsel for the Petitioner that by virtue
of Notification dated 16.05.2017 issued under section 507(a) of the Delhi
Municipal Corporation Act, 1957, a Sub-Divisional Magistrate cannot pass
orders for demolition as the land stands urbanized is unsustainable. As is
evident from the list of attendees of the Meeting dated 13.09.2022 that the
meeting was attended by the officers of Irrigation and Flood Control
Department, which is the land owning agency and the Sub-Divisional
Magistrate has passed the Orders of demolition on the request made by the
Executive Engineer, Civil Division-I, Flood Control Department, on the
basis of the decision of the Committee, no interference is required by this
Court. The Sub-Divisional Magistrate is only carrying out the decision taken
Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:19.07.2023
21:32:06
by the Religious Committee for removal of religious structures which have
been constructed on public land and which are traffic hazards in the city.
The Sub-Divisional Magistrate is not taking any action as an administrative
authority in an area which stands urbanized, and therefore, Section 507 of
the Delhi Municipal Corporation Act, 1957 is not applicable in this case.
11. Accordingly, the Writ Petition is dismissed. Pending applications, if
any, also stand disposed of.
SUBRAMONIUM PRASAD, J
JULY 18, 2023
Rahul
Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:19.07.2023
21:32:06
