In a writ petition claiming illegal construction on public land, the High Court of Delhi recorded an undertaking by the Solicitor General that demolition action would be taken after due notice. The matter was disposed of without further orders.
Undertaking accepted that action will be taken after due notice; no further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SDMC & ORS
| Through | Mr.Anoop Kumar Goel, Advocates. |
..... Petiti and Ms.An |
oner jana |
|---|---|---|---|
| versus | |||
| Through | Mr.Rakesh Mittal, SDMC. Mr.Sumit Aggarwal, 2. |
..... Respond Advocate Advocate fo |
ents for r R- |
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R % 17.03.2017
Petitioner is aggrieved by the illegal and unauthorized construction which is being permitted to private respondents namely respondent nos.3 and 4 at property bearing No.1055, Ward No.8, Mehrauli, New Delhi. It is stated that this illegal encroachment in public land is against all the bye-laws of the Corporation.
On advance notice, learned counsel for SDMC has put in appearance. His submission (under instructions) is that this property already stands booked on 07.3.2017. Notice of disconnection of essential supply of water and electricity has been given to the concerned authorities. The Department is contemplating a demolition action against the illegal deviation. Submission of respondent no.1 being that the action which has been initiated by the Department shall
be taken to its ultimate goal. This statement of respondent no.1 is taken on record. It is hoped and expected that this undertaking shall be honoured in true letter and spirit. Necessary assistance of respondent no.2/local police shall be obtained as and when desired by respondent no.1. Needless to state that all adverse actions which have been contemplated shall be taken after due notice to the private respondents. No further orders are called for.
Petition disposed of.
INDERMEET KAUR, J
MARCH 17, 2017 ndn
2 issues framed by the court
Whether the petitioner's complaint regarding illegal construction on public land warrants an order for demolition or taking necessary action.
Whether the undertaking given by the Solicitor General to initiate demolition action with prior notice to respondents should be accepted and recorded.
ANIL KUMAR GOEL
SDMC & ORS
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.
Judgements on the same questions, provisions and authorities, from every court
