Himanshu Vs East Delhi Municipal Corporation And Ors

Delhi High Court 6 Jan 2020 Civil Writ Petition No. 18 Of 2020 (2020) 01 DEL CK 0113
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Civil Writ Petition No. 18 Of 2020

Hon'ble Bench

Dhirubhai Naranbhai Patel, CJ; C. Hari Shankar, J

Advocates

Anshul Garg, Mukesh Gupta, Mayank Ahuja, Dhanesh Relan, Komal Sorout, Kajri Gupta

Final Decision

Disposed Of

Judgement Text

Translate:

D.N. Patel, CJ

C.M.No.55/2020 (exemption)

Allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) 18/2020

1. This Public Interest Litigation has been preferred with the following prayers:

“i) Issue an appropriate writ thereby directing the Respondents to take action against the concerned officials who have allowed the

illegal/unauthorised construction on the following properties:-

A) Property / plot, adjoining to the Plot No. B-14 (A to Z Medical Store), Opposite Goyal Medical Store, Main Loni Road, DeIhi-32;

B) Property /plot, adjoining to the Plot No. B-15 (Maa Durga Telecom), West Jyoti Nagar, Loni Road, Delhi-32;

C) Property /plot bearing no. C-73 (Area 200 Sq. Yds. Approx.) Gali No. 7, West Jyoti Nagar Extension, Delhi;

ii) Issue an appropriate writ thereby directing the Respondents to remove the illegal encroachment /constructions on the aforesaid land earmarked for

Public Park and Road in the area of West Jyoti Nagar, Loni Road, Delhi -32.â€​

2. Having heard the learned counsel appearing for both the sides and looking into the facts and circumstances of the case, it appears that there are

allegations about the illegality or otherwise of the construction at the places mentioned hereinabove in the prayer clause.

3. We, therefore, direct the respondents to decide the legality and otherwise of the construction in question in accordance with law, rules, regulations

and Government policy applicable to the facts of the present case, after giving an adequate opportunity of being heard to the owner/occupier of the

super structure. If the respondents come to a conclusion that the construction in question is illegal, immediate action would be taken by them for

demolition of the same.

4. With the aforesaid observation, this writ petition is hereby disposed of.

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