This PIL challenged encroachment on a water body in Village Bankner. The Court directed the Government to remove the encroachment after giving adequate hearing to the parties involved.
Direction to remove encroachment after giving adequate hearing to encroachers.
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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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 14.08.2019
BANKNER RESIDENTIAL WELFARE ASSOCIATION (R)
..... Petitioner Through: Mr. Devesh Pratap Singh & Ms. T. Banerjee, Advs.
versus
GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Naushad Ahmed Khan, ASC (Civil), GNCTD with Ms. Manisha Chauhan, Adv. & Mr. Anil Tomar, BDO for R-1, 3 & 4.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
D.N. PATEL, CHIEF JUSTICE (ORAL)
“(i) Issue an appropriate writ, order or direction thereby directing the Respondents to remove the encroachment to the extent of about 18 biswas over the land of Water Body bearing Khasra No. 37/29 measuring 14 Bighas 04 Biswas situated in the revenue estate of Village Bankner, Delhi and submit the Action Taken Report before this Hon'ble Court;
(ii) Issue an appropriate writ, order or direction thereby directing the Respondents to develop, beautify and protect the
W.P.(C) 2397/2018 Page 1 of 3
Water Body and complete the aforesaid process within a time bound period;
(iii) Issue an appropriate writ, order or direction thereby directing the Respondents to explain as to why in spite of general directions having been issued for protection of the Water Body, Water Body of Khasra No. 37/29 situated in the revenue estate of Village Bankner, Delhi, has not been protected and encroachment continues;
(iv) Award costs of the present writ petition in favour of the Petitioners and against the Respondents;
(v) Pass any such other or further orders as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case, in favour of the Petitioner and against the Respondents.”
W.P.(C) 2397/2018 Page 2 of 3
with law, rules, regulations and Government policy applicable to the facts of the present case and after giving adequate opportunity of being heard to the concerned parties/encroachers. This exercise will be completed as early as possible and practicable.
CHIEF JUSTICE
C.HARI SHANKAR, J
AUGUST 14, 2019
kks
W.P.(C) 2397/2018 Page 3 of 3
1 issue framed by the court
Whether the respondents are directed to remove the encroachment on the water body at Khasra No. 37/29, Village Bankner, after providing adequate hearing to encroachers.
BANKNER RESIDENTIAL WELFARE ASSOCIATION
GOVT OF NCT OF DELHI
C. Hari Shankar
D.N. Patel
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
