Mini Pushkarna, J
1. The present writ petition has been filed seeking directions to respondent nos. 1 to 5, to take action against the encroachments in Sector 24, Rohini, New Delhi-110085, caused by Shri Ram Mandir and Delhi Tour & Travel upon Delhi Development Authority (“DDA”) Park existing between Pocket 3 & 4, and common road connecting Pocket-3 Sector 24 to the said DDA Park.
2. A short affidavit dated 28th November, 2024, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), relevant portions of which, are reproduced as under:
“xxx xxx xxx
3. Perusal of the aforesaid Short Affidavit shows that the matter has already been referred to the Religious Committee, Government of National Capital Territory of Delhi (“GNCTD”) for taking further action.
4. Accordingly, it is directed that requisite action shall be taken by the MCD in accordance with law, subject to any orders that may be passed by the Religious Committee.
5. Respondent nos. 6 and 7 are granted liberty to make an application to the GNCTD to grant them hearing at the time when the case is considered by the Religious Committee.
6. This Court also takes note of the submission made by learned counsel appearing for respondent nos. 6 and 7 that the petitioners are staying 1.5 Km away from the premises in question, and that they have no concern with the said premises.
7. However, considering the fact that the issue involved is with regard to encroachment on a public park, this Court is of the view that concerned action shall be taken by the MCD, after following the due procedure, in accordance with law.
8. As regards the encroachment by Delhi Tour & Travel, it is stated in the short affidavit that the said Delhi Tour & Travel is situated upon land portion of which is earmarked for a water tank and falls within the jurisdiction of Delhi Jal Board.
9. Delhi Jal Board is not a party before this Court.
10. Accordingly, Delhi Jal Board is directed to take requisite action for removal of encroachment over the land, which is earmarked for water tank, in accordance with law.
11. Since Delhi Jal Board is not a party before this Court, copy of today’s order shall be duly sent by the Registry to the CEO of the DJB for requisite action.
12. In view of the aforesaid, it is directed that whenever the Religious Committee, GNCTD takes up the said matter for hearing, notice shall be issued to respondent nos. 6 and 7 in order to allow the respondent nos. 6 and 7 to appear before the Religious Committee and make their submissions.
13. With the aforesaid directions, the present writ petition, is accordingly, disposed of.
