A writ petition filed alleging conversion of Sanjay Park into an unauthorized colony. The court recorded statements regarding prior Division Bench orders mandating land use for rehabilitation. The petition was disposed of without further orders given the established factual record.
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..... Petitioner Through Mr. Siddharth Pandit and Mr. Aakar Bhardwaj, Advs.
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents Through Ms. Mini Pushkarna, standing counsel with Ms Anushruth, Ms. Yoothica Pallavi and Ms. Namrata Mukim, Advs for NDMC.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
% 03.08.2016
The petitioner before this Court is aggrieved by the fact that a park i.e. Sanjay Park at Punjabi Basti, Nangloi, New Delhi is now being used and has in fact been converted into an unauthorized colony; the park was being used for playing by the children of the locality and by creating this illegal and unauthorized colony, the rights of the residents of that locality have been prejudiced. Accordingly, the present writ petition has been filed.
A counter affidavit has been placed on record by the learned counsel for the respondent. Copy has been furnished to the learned counsel for the petitioner. In this counter affidavit, allegations in the petition have been denied. It is stated that so called open land/park had been handed over to the Municipal Corporation for the purpose of
rehabilitation of person whose lands had been acquired in Punjabi Basti and orders to this effect have been passed by a Division Bench of this Court. Attention has been drawn to two orders passed by the Division Bench on 06.07.2011 in W.P. (C) No.1852/2010 as also a subsequent order dated 23.08.2011 in the same writ petition i.e. W.P. (C) No.1852/2010 when the said writ petition was disposed of. In this order, the Court had noted the stand of Delhi Urban Shlter Development Board who had stated in its letter dated 18.08.2011 that land measuring approximately 1700 square meters available at Nangloi is proposed for purpose of rehabilitation of those persons whose lands had been acquired in the Punjabi Basti area and if the same is acceptable to the MCD, the approval of the Chairman of the Board and Lt. Governor may be obtained. Learned counsel for the respondent has made a positive statement in the writ petition that this so called park was set up as a colony under the directions of this Court.
This being the factual position, no further orders are called for on this petition which is disposed of.
INDERMEET KAUR, J
AUGUST 03, 2016 A
Jaivor Singh
North Delhi Municipal Corporation
Indermeet Kaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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