Petition seeking writ for removing illegal encroachments and dumping in Amir Khusrao Park was disposed of. The Court stated no further orders were required as unauthorised construction had already been demolished.
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SAVYASACHI K. SAHAI ..... Petitioner
Through: Petitioner in person. versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Vikram Jetly, CGSC for UOI/R1 to R4 Mr. Parvinder Chauhan, Standing Counsel for DUSIB Mr. Shyed Hasan Isfahani, for applicant in (CM Nos.1859596/2017) Mr. Ajjay Aroraa, Adv. and Mr. Kapil Dutta, Adv. for SDMC Mr. Sanjeev Ralli, Adv. with Ms. Nitika Khanna, Adv. for DPCC Mr. Sanjeev Sabharwal, Standing Counsel for DDA with Mr. Hem Kumar, Adv. for DDA Mr. R.N. Vats. Standing Counsel for NDMC with Mr. G.S. Sistani (ASC) for NDMC Mr. Satyakam, Adv. for GNCTD SI Narasi Prasad Meena, PS Hazrat Nizamuddin Mr. Wajeeh Shafiq, Standing Counsel for Delhi Waqf Board
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 25.09.2018
1. The present petition has been filed by the petitioner with the following prayers:
“In view of the aforementioned facts and circumstances, it is most humbly prayed that this Hon’ble Court may be pleased to:
i) The concerned Chief Engineer (or equivalent officer) of DDA in consultation with the concerned Police DCP of the area, shall fix an appropriate date for removing of all unauthorised encroachments and illegal constructions inside the Park. The needful will be done within three months from today.
ii) The Police will provide all necessary protection for carrying the task by respondent No.2/DDA. iii) After necessary task is accomplished, respondent No.2/DDA shall carry out appropriate measures to ensure that the unauthorised construction and land grabbing in any form is not repeated again. If necessary, appropriate wall or fencing shall be constructed/installed to protect the land.
iv) There is a specific reference in the status report of the Police to a Rain Basera stated to have been constructed by Shakti Shalini NGO. The exact status of this Rain Basera is not stated in the status report, i.e. as to whether it is set up with the prior permission of the concerned authority or not. If the same has a valid subsisting permission from the concerned authority, then only it will not be subjected to any coercive step as envisaged in the order as above.”
question has been demolished. If that be so, no further orders are required to be passed in the writ petition.
statutory and public authorities towards removal of the encroachments and rehabilitation of the encroachers, would require to be compensated by the Delhi Waqf Board, and for which purpose the enquiry was directed to be undertaken by Mr. Dinesh Kumar Sharma, Registrar General of this Court.
2018, it has been adjourned to October 08, 2018.
CM Nos. 18595-18596/2017, CM No.22675/2017 (for modification) and CM No. 22676/2017 (for direction)
In view of our order above, that the demolition having been effected,
no orders are required to be passed in the writ petition, these applications are closed. If a party has any issue / dispute / claim against any third party, the said party can workout its remedy in accordance with law.
The date of hearing before the learned Registrar General of 8th October, 2018 stands cancelled.
CHIEF JUSTICE
V. KAMESWAR RAO, J
SEPTEMBER 25, 2018 /aky
Savyasachi K. Sahai
Union of India
V. KAMESWAR RAO
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
