Delhi High Court - Orders
Wazirpur Bartan Nirmata Sangh (Through ... vs Union Of India & Ors on 17 August, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10205/2022, CM APPL. 29513/2022 (Interim Relief)
WAZIRPUR BARTAN NIRMATA SANGH (THROUGH ITS
SECRETARY) & ORS. ..... Petitioners
Through: Mr. Anand Yadav, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Rishikesh Kumar, ASC, GNCTD
with Ms. Sheenu Priya and
Muhammad Zaid, Advs. for R-2, 3
and 7.
Mr. Parvinder Chauhan and Mr.
Sushil Dixit, Advs. for DUSIB.
Mr. Arjun Pant, Adv. for DDA/R-4.
Mr. Vipul Ganda, Ms. Priyanka Jindal
and Mr. Rahul Narula, Advs. for R-5.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 17.08.2022 On 29 October 2003, a Division Bench of the Court had on taking cognizance of the encroachments existing in the Wazirpur area, framed directions for removal of all illegal structures and encroachments existing on the road in question. This petition thereafter came to be filed with the Court being apprised that despite those directions, innumerable encroachments have come to exist in that area all over again.
When the writ petition was last called the respondents were directed to obtain instructions. The Court has perused a copy of the affidavit which Signature Not Verified Digitally Signed By:NEHA Signing Date:20.08.2022 12:40:46 has been tendered on behalf of the MCD. From the disclosures made therein, it is evident that the drive to remove encroachments was initiated only after this Court had taken cognizance of the allegations made in the present writ petition. This is evident from the fact that those steps were taken on 18 and 29 July 2022 and again on 08 August 2022. It, therefore, appears that after the initial drive was undertaken and encroachments removed, the authorities fell into a state of inertia leading to encroachments being made all over again. The affidavit also fails to disclose whether all the encroachments in that area have been completely removed. The affidavit to the aforesaid extent is wholly vague and unclear.
Consequently, let the MCD take further steps to ensure that all encroachments existing on the road in question are removed in accordance with law. MCD shall file a further affidavit specifically disclosing whether the road in question has been rid of all encroachments and whether further steps remain to be taken.
The Court also takes note of the stand of MCD that it had after undertaking the drive for removal of encroachments addressed various letters to the Station House Officer requiring him to ensure that fresh encroachments are not made. The grievance of the Corporation is that those communications have gone unheeded by the concerned SHO.
Mr. Kumar, learned counsel representing the Station House Officer states that the concerned SHO shall be duly instructed to provide all assistance to the MCD as also to ensure that no fresh encroachments are made once the drive for their removal is completed by the MCD. Let the concerned SHO also file its affidavit in these proceedings on or before the next date fixed.
Signature Not Verified Digitally Signed By:NEHA Signing Date:20.08.2022 12:40:46The Court further observes that both MCD as well as the local police officials stand placed under a collective duty and obligation to ensure that public roads are maintained free of encroachments and illegal structures. The authorities consequently shall undertake periodical joint exercises to ensure that the public road is kept free of encroachments.
The copy of the affidavit of the MCD handed over across the board may be included on the digital record.
List again on 30.01.2023.
YASHWANT VARMA, J.
AUGUST 17, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:20.08.2022 12:40:46