Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of decision: 2 December, 2019
+ W.P.(C) 12588/2019 & CM APPL. 51418/2019
MONU BHADANA ..... Petitioner
Through Mr. Samrendra Kumar, Ms.Shirean
Fatima, Mr. Dhurendra Singh and
Mr. Vivek Kr. Srivastava, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through Mr. Ajay Digpaul, CGSC with
Mr.Srivats Kaushal, Adv. for R-
1/UOI
Mr. Ajjay Aroraa, Adv. with
Mr.Kapil Dutta, Adv. for SDMC
Mr. Dhaneh Relan, SC for DDA
with Ms. Gauri Chaturvedi, Adv.
for R-4/STF
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R
% 02.12.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM APPL. 51418/2019 ( Exemption )
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 12588/2019
1. This so-called public interest litigation has been preferred with the
following prayers:
W.P.(C) 12588/2019 Page 1 of 6
“(i) Issue a writ of mandamus commanding the
respondents, direct the same to stop illegal / unauthorized
construction and to demolish the constructions already made
and / or whenever, the same is still in progress on the sites /
properties bearing House No. 1019A - Ward No.7, near
Radhe Shyam Mandir, Mehrauli, New Delhi 110030, House
No. 30, Ward No. l, Near Mother Dairy, Adjacent of Kerala
Store, Mehrauli, New Delhi - 110030,. House No. 82, Ward
No.4, Mehrauli, New Delhi - 110030, House No. 1056, Ward
No.7, Near Aggarwal Dharamshala, Mehrauli, New Delhi -
110030, House No. 1092, Ward No.l, Opposite St John
Public School, Near Bus Stand, Mehrauli, New Delhi -
110030, House No. 29, Ward No.l, adjacent of Mother Dairy
ground, Mehrauli, New Delhi - 110030, House No. 967/ C,
Ward NO.7, Near Kasaiwada, Mehrauli, New Delhi -
110030, House No. 705A/20, Ward No.3, Mehrauli, New
Delhi - 110030, House No. 450, Ward No.3, Mehrauli, New
Delhi - 110030, House No. 266G, Ward No.2, Mehrauli,
New Delhi - 110030, House No. 30A, Ward No.l, Opposite
Mother Dairy, Mehrauli, New Delhi - 110030, House No.
1006, Ward No.7, Near Radhe Shyam Mandir, Mehrauli,
New Delhi - 110030, House No. 29/5, Ward No.l, Near LIC,
Mehrauli, New Delhi - 110030, House No, 1093/1/27, Ward
No.l, Church Compound, Mehrauli, New Delhi - 110030,
House No. 1093/48A, Ward No.l, Church Compound,
Mehrauli, New Delhi - 110030, House No. 178, Ward No.3,
Mehrauli, New Delhi- 110030, House No. 178, Ward No.2,
Mehrauli, New Delhi - 110030, House No. 894, Ward No.8,
Opposite S-.B.I. Bank, Sarai, Mehrauli, New Delhi - 110030,
W.P.(C) 12588/2019 Page 2 of 6
House No. 886E, Ward No.8, Mehrauli, New Delhi -
110030, House No. 886, Ward No.8, Opposite S.B.I. Bank,
near Maruti competent, Mehrauli, New Delhi - 110030
House No. 176, Ward No.2, Near Prince Public School,
Mehrauli, New Delhi - 110030, etc.
(ii) Issue such writs or directions or orders to the
respondents for ensuring that no illegal and unauthorized
construction whatsoever may take place anywhere in
Mehrauli, including the properties/sites mentioned above, in
future.
(iii) Pass such order/orders as the Hon'ble Court may
deem fit and proper in the facts and circumstances of the
case.”
2. Having heard learned counsel for both the sides and looking to the
facts and circumstances of the case it appears that this petitioner is
seeking order of demolition against the properties which have been
mentioned in para 6 of the writ petition.
3. For ready reference, para 6 of this writ petition may be reproduced
thus:
“6. That the petitioner has filed several complaints as the
construction going on the site / properties bearing House
No. 1019A - Ward No.7, near Radhe Shyam Mandir,
Mehrauli, New Delhi 110030, House No. 30, Ward No.l,
Near Mother Dairy, Adjacent of Kerala Store, Mehrauli,
New Delhi - 110030, House No. 82, Ward No.4, Mehrauli,
New Delhi - 110030, House No. 1056, Ward No.7, Near
Aggarwal Dharamshala, Mehrauli, New Delhi - 110030,
House No. 1092, Ward No.l, Opposite St John Public
W.P.(C) 12588/2019 Page 3 of 6
School, Near Bus Stand, Mehrauli, New Delhi - 110030,
House No. 29, Ward No.l, adjacent of Mother Dairy ground,
Mehrauli, New Delhi - 110030, House No. 967/ C, Ward
No.7, Near Kasaiwada, Mehrauli, New Delhi - 110030,
House No. 705A/20, Ward No.3, Mehrauii, New Delhi -
110030, House No.450, Ward No.3, Mehrauii, New Delhi -
110030, House No. 266G, Ward No.2, Mehrauii, New Delhi
- 110030, House No. 30A, Ward No.l, Opposite Mother
Dairy, Mehrauii, New Delhi - 110030, House No. 1006,
Ward No.7, Near Radhe Shyam Mandir, Mehrauii, New
Delhi - 110030, House No. 29/5, Ward No.l, Near LIC,
Mehrauii, New Delhi - 110030, House No. 1093/1/27, Ward
No.l, Church Compound, Mehrauii, New Delhi - 110030,
House No. 1093/48A, Ward No.l, Church Compound,
Mehrauii, New Delhi - 110030, House No. 178, Ward No.3,
Mehrauii, New Delhi - 110030, House No. 178, Ward No.2,
Mehrauii, New Delhi - 110030, House No. 894, Ward No.8,
Opposite S.B.I. Bank, Sarai, Mehrauli, New Delhi - 110030,
House No. 886E, Ward No.8, Mehrauli, New Delhi -
110030, House No. 886, Ward No.8, Opposite S.B.I. Bank,
near Maruti competent. Mehrauli, New Delhi - 110030,
House No. 176, Ward No.2, Near Prince Public School,
Mehrauli, New Delhi - 110030, etc. are illegal and without
sanctioned plan and thus, in utter violation of the provisions
of The Delhi Municipal Corporation Act, 1957.Photographs
of the illegal Construction are attached herewith as
Annexure P-1.
The petitioner made several complaints against the
said properties / site to the respondent no. 4 but no action
W.P.(C) 12588/2019 Page 4 of 6
has ever been taken by them against such illegal
construction. Copies of the Complaints are attached
herewith as Annexure p-2.
That in reply to the complaint against the illegal
construction on the properties / sites mentioned above,
respondent no.4 filed wrong / false and fabricated Action
Taken Report. It is further pertinent to mention that in some
complaints, respondent no. 4 has stated in its Action Task
Report that demolition order has taken place till today. Copy
of the reply is attached herewith as Annexure P-3.
The petitioner had filed a writ petition before the
Hon’ble Supreme Court of India, where the Hon’ble Court
has dismissed the petition filed by the petitioner with liberty
to file before the High Court. The Copy of the order dated-
21.10.2019 passed by the Hon’ble Supreme Court is annexed
herewith as Annexure-P4.”
4. Taking note of the above facts mentioned in the writ petition,
petitioner is to keep in mind that illegality or otherwise of the
construction cannot be decided on the basis of the annexures and
photographs annexed with the petition. The legality or otherwise of the
constructions in question can be decided by leading cogent and
convincing evidence before the trial court. Moreover, the
owners/occupiers of the alleged properties, which are under construction
or already constructed, have not been joined as necessary party/
respondents in this writ petition and without joining them as party
respondent, no decision can be taken about the illegal or otherwise of the
constructions in question.
5. The bonafides of the petitioner appear questionable. In fact, this is
not a public interest litigation. This is blackmailing type of litigation.
W.P.(C) 12588/2019 Page 5 of 6
6. We, therefore, dismiss this writ petition with costs of ₹ 10,000/- to
be deposited with the Member Secretary, Delhi State Legal Services
Authority, Central Office, Patiala House Courts Complex, New Delhi.
The said amount shall be utilised for the programme “Access to Justice”.
The aforesaid amount shall be deposited by this petitioner within a period
of six weeks from today.
7. Copy of this order be sent to the Member Secretary, Delhi State
Legal Services Authority, Central Office, Patiala House Courts Complex,
New Delhi-110001 for information.
CHIEF JUSTICE
C.HARI SHANKAR, J.
DECEMBER 02, 2019
dsn
W.P.(C) 12588/2019 Page 6 of 6