Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Decided on: 9 December, 2020
+ W.P.(C) 10034/2020
RESIDENTS WELFARE ASSOCIATION ..... Petitioner
Through: Mr.Suresh Rana, Adv. with
Mr.Satyendra Mishra, Adv.
Versus
UNION OF INDIA &ORS. ..... Respondents
Through: Mr.Chetan Sharma, ASG with
Mr.Vikram Jetly, CGSC with Mr.Akshay Gadeok,
Adv. for UOI.
Mr.Pramod Kumar, Adv. for GNCTD.
Mr.Karunesh Tandon, Adv. with Mr.Chandra
Shekhar Goswami, Mr.Mayur Singhal, Mr.Ajay
Kumar Kori, Ms.Simran Mulchandani, Advs. for
R-8/DJB.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.31955/2020 (exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.10034/2020
1. This writ petition, styled as a public interest litigation, has been
preferred with the following prayers:-
W.P.(C) 10034/2020 Page 1 of 4
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
“It is, therefore, most humbly prayed that this Hon'ble
Court may kindly be pleased to issue a writ/direction:
a) against respondent Nos. 1 to 6 and 10 to 13, directing
them to demolish and remove the unauthorized
constructions and encroachments upon below mentioned
public land of village Nangli Poona i.e., (1) Khasra
No.48 (Johad/Waterbody of area 4 bighas 3 biswas), (2)
Rasta/Passage/Road to cremation ground bearing
Khasra No.82, (3) Old Lal Dora Phirni / Passage/Road
bearing Khasra No.47 , (4) Extended Lal Dora Phirni /
Passage/Road bearing Khasra No.55 (encroached by the
holder of property bearing khasra no. 53/75), (5)
Rasta/Road in Khasra No.44/1 from village Nangli
Poona to village MukhmelPur (encroached by the holder
of property bearing Khasra No.18/12), (6) Encroachment
on land of M.C.D. primary school of village Nangli
Poona, falling under Khasra No.43 of village Nangli
Poona, Delhi, (7) Road/Passage/Rasta approaching
towards Mata Mandir situated at village Nangli Poona,
Delhi, (8) Main Entrance Road/Passage/Rasta
bearing/falling under Khasra No.81 , village Nangli
Poona, Delhi, (9) Encroachment on Gram Sabha Land
bearing Khasra No. 30/1 of village Nangli Poona, Delhi,
(encroached by the holder of property Khasra No. 29/5);
b) against respondent Nos. 8-Delhi Jal Board, directing
them to immediately stop the construction work of
sewerage plant being constructed without any valid legal
sanction on the water body/johad of village Nangli
Poona, falling under/bearing Khasra No.48 of area 4
bighas 3 biswas.
c) against respondent Nos. 7 and 8, directing them to
preserve, develop and rejuvenate water body/johad of
village Nangli Poona, falling under/bearing Khasra
No.48 of area 4 bighas 3 biswas.
d) any other or further relief, which this Hon'ble Court
deem fit and proper under the facts and circumstances of
W.P.(C) 10034/2020 Page 2 of 4
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
the case may also be passed in favour of the petitioner
and against the respondents, in the interest of justice. ”
2. Having heard the learned counsel for the petitioner and looking to the
facts and circumstances of the case, this does not appear to be a public
interest litigation at all. It further appears from the facts of the case that the
petitioner is looking for demolition of several constructions/structures which
are situated at:-
(i) Khasra No.48 (Johad/Waterbody of area 4 bighas 3
biswas),
(ii) Rasta/Passage/Road to cremation ground bearing
Khasra No.82,
(iii) Old Lal Dora Phirni / Passage/Road bearing Khasra
No.47 ,
(iv) Extended Lal Dora Phirni / Passage/Road bearing
Khasra No.55 (encroached by the holder of property
bearing khasra no. 53/75),
(v) Rasta/Road in Khasra No.44/1 from village Nangli
Poona to village MukhmelPur (encroached by the holder
of property bearing Khasra No.18/12),
(vi) Encroachment on land of M.C.D. primary school of
village Nangli Poona, falling under Khasra No.43 of
village Nangli Poona, Delhi,
(vii) Road/Passage/Rasta approaching towards Mata
Mandir situated at village Nangli Poona, Delhi,
(viii) Main Entrance Road/Passage/Rasta bearing/falling
under Khasra No.81 , village Nangli Poona, Delhi,
(ix) Encroachment on Gram Sabha Land bearing Khasra
No.30/1 of village Nangli Poona, Delhi, (encroached by
the holder of property Khasra No. 29/5);
3. Although the petitioner avers that these constructions have been made
on public land, it appears from a perusal of the writ petition that none of the
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Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
occupiers of the aforesaid properties or other interested persons have been
joined as parties to this writ petition. In the absence of these parties, no
effective order for demolition/ removal can be passed by this Court. Before
passing any order for demolition/ removal of the unauthorized construction/
encroachment, proper notice has to be given by the concerned
authorities/Municipal Corporation and an opportunity of hearing has to be
given to the concerned party. Instead of such a procedure, an omnibus
prayer is made as stated above, based on information allegedly received
from unidentified aggrieved persons.
4. It appears from the facts of the case that without doing any homework
and without joining necessary parties, this writ petition has been preferred.
If such type of petitions are entertained by this Court, it will lead to
lawlessness.
5. In view of the aforesaid, we do not see any reason to entertain this
writ petition. The same is accordingly dismissed with costs of Rs.25,000/- to
be paid by the petitioner to the Delhi State Legal Services Authority within
four weeks from today. The aforesaid amount shall be utilized for the
programme ‘Access to Justice’.
6. A copy of this order be sent forthwith to the Member Secretary, Delhi
State Legal Services Authority, Patiala House Courts, New Delhi.
CHIEF JUSTICE
PRATEEK JALAN, J
DECEMBER 09, 2020 / ‘anb’
W.P.(C) 10034/2020 Page 4 of 4
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56