Delhi High Court - Orders
Association Of Social And Humanitarian ... vs Govt. Of Nct Of Delhi And Ors on 18 April, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~133
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8590/2019
ASSOCIATION OF SOCIAL AND HUMANITARIAN AFFAIRS
THROUGH ITS CHAIRMAN ..... Petitioner
Through: Mr. Prasoon Kumar, Advocate.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Ms. Mini Pushkarna, Standing
Counsel for SDMC with Ms.
Khushboo Nahar and Ms. Shikha
Baisoya, Advocates.
Ms. Prabhsahay Kaur, Standing
Counsel for DDA with Ms. Laavanya
Kaushik, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 18.04.2022 CM APPL. 18548/2022
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CM APPL. 18547/2022 (Early Hearing)
1. The present application has been filed under Section 151 CPC on behalf of the petitioner seeking early hearing of the petition.
2. Issue notice.
3. Ms. Prabhsahay Kaur, learned counsel for DDA/respondent No.2, accepts notice and fairly does not oppose the application.
4. Accordingly, in view of the averments made in the application and Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:20.04.2022 12:28:20 no-objection given by the learned counsel for respondent No.2, the present application is allowed and the date fixed in the petition is preponed. The date already fixed i.e. 15.02.2023 stands cancelled.
5. Application is disposed of.
W.P.(C) 8590/2019
1. With the consent of the parties, the present petition is taken up for hearing today itself.
2. By way of present petition filed under Article 226 of the Constitution of India, the petitioner has sought the following prayers :-
"1. Allow the present Petition and issue Writ of Mandamus and/or any other appropriate Writ by directing the Respondents no.1-4 to remove the encroachment done by the Respondent no.l on the Public road near to Lal Singh Park, Harinagar Ashram, New Delhi and to maintain dignity and peace of the locality.
2. Pass a direction for carrying out proper investigation of the present case and book the persons responsible for the same.
3. Any other or further order, which this Hon'ble Court may deem fit and proper, in the present circumstances of the case, may also be given in the interest of justice."
3. Ms. Prabhsahay Kaur, learned counsel for respondent No.2, has referred to the Status Report placed on record, as per which demolition action was carried out at the stated property on 13.07.2020 and all encroachments were removed. It has been further stated that unauthorised construction/temporary jhuggis/tin sheds for parking have been removed completely and in this regard, photographs of the stated demolition have also been placed on record.
4. Learned counsel for the petitioner submits that subsequent to the Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:20.04.2022 12:28:20 aforesaid demolition action, fresh encroachment has taken place.
5. Learned counsel for respondent No.2, on instructions, submits that a site inspection will be carried out within 7 days from today and in case any unauthorised construction/illegal encroachment is found at the site, necessary action in accordance with law would be taken forthwith.
6. The statement made on behalf of respondent No.2 is taken on record.
7. With the above observations, the present petition is disposed of.
MANOJ KUMAR OHRI, J APRIL 18, 2022 ga Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:20.04.2022 12:28:20