Dismissed

Zaroorat Educational and Welfare Society Regd v. Union of India and Ors.

Delhi HC15 May 2024W.P.(C)/6970/2024

Case brief

AI extract

What is this about?

Petition sought directions to demolish illegal construction near Okhla Bird Sanctuary and Yamuna River. The Court disposed of the petition with a direction to the STF to monitor Zone 'O' and ensure no further unauthorized construction or encroachment occurs.

What did the court decide?

Direction to the STF to monitor Zone 'O' and ensure no further unauthorised construction or encroachment is carried out.

Zaroorat Educational and Welfare Society Regd Vs… — Environment and Pollution | Delhi HC (2024)

¶1

$~33

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 6970/2024

¶4

ZAROORAT EDUCATIONAL AND WELFARE SOCIETY REGD

¶5

..... Petitioner

¶6

Through: Mr.Amit Srivastava with Mz.Uzma Quraishi and Mr.Monish Panchal, Advocates. versus

¶7

UNION OF INDIA AND ORS. ..... Respondents Through: Mr.Amit Tiwari, CGSC with Mr.Shaurya Rai, Mr.Hussain Tarvi and Mr.Amit Ranjan, Advocates for UOI. Mr.Ajjay Aroraa with Mr.Kapil Dutta, Mr.Vansh Luthra and Ms.Simran Arora, Advocates for MCD. Mr.Sanjay Katyal, standing counsel for DDA. Ms.Prabhsahay Kaur, standing counsel with Mr.Bir Inder Singh, Advocate for R-5/STF Mr.Biraja Mahapatra with Mr.Rajit Sharma, Advocates for R-6. Mr.Mohit Bhardwaj, Advocate for R- 4 & 7. Mr.Sunil Dalal, Sr.Advocate with Mr.Kapil and Ms.Manisha Saroha, Advocates for R-8 to 10. SI Ashish, PS Shaheen Bagh.

¶8

CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

¶9

This is a digitally signed order.

¶10

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:52:48

¶11

O R D E R

¶12

% 15.05.2024

¶13

C.M.No.29035/2024

¶14

Exemption allowed, subject to all just exceptions.

¶15

Accordingly, the application stands disposed of.

¶16

W.P.(C) 6970/2024

¶17

Present public interest petition has been filed seeking issuance of directions to respondent nos.1 to 7 to demolish the illegal and unauthorized construction work being carried out at properties bearing Khasra Nos. 220/1 (2-17) and 220/2 (4-06) admeasuring 7 bighas 3 biswas in Village Okhla, near Abadi area of Nai Basti, Abul Fazal Enclave, Delhi by respondent nos.8 to 13 within restricted area between Okhla Bird Sanctuary and Yamuna River.

¶18

Learned counsel for the petitioner states that the petitioner made a complaint dated 18^th March, 2024 to respondent nos.1 to 7 and informed them about the illegal construction of a multi-storey building by respondent nos.8 to 13 within one kilometer of the eco-sensitive Zone from demarcated boundaries of Okhla Bird Sanctuary as well as Yamuna area. He, however, states that respondent nos. l, 6 and 7 have not taken any action so far.

¶19

Learned counsel for MCD states that a similar writ petition being W.P.(C) No.1425/2024 has been filed, wherein demolition order has been passed and the aggrieved parties have approached the Appellate Tribunal MCD (ATMCD). He states that substantial action has already been taken against the unauthorised construction and no fresh construction is going on as of date.

¶20

This is a digitally signed order.

¶21

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:52:48

¶22

Learned senior counsel for respondent nos.8 to 10 states that the memo of parties in the present writ petition and in W.P.(C) No.1425/2024 are the same. He also states that some of his clients have already approached the ATMCD and obtained a stay order.

¶23

Keeping in view the fact that Zone ‘O’ is an eco-sensitive Zone, this Court disposes of the present writ petition with a direction to the STF to monitor Zone ‘O’ and to ensure that no further unauthorised construction or encroachment is carried out in this Zone. The complaint dated 18^th March, 2024 filed by the petitioner is directed to be dealt with by the STF in accordance with law. With the aforesaid direction, present writ petition stands disposed of.

¶24

ACTING CHIEF JUSTICE

¶25

MANMEET PRITAM SINGH ARORA, J

¶26

MAY 15, 2024 KA

¶27

This is a digitally signed order.

¶28

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:52:48

Zaroorat Educational and Welfare Society Regd v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Zaroorat Educational and Welfare Society Regd v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Indian National Migrant Workers Union Vs Union of India & Ors.

Indian National Migrant Workers Union Vs Union of India & Ors.

M P Power Management Company Limited Vs Union of India & Ors.

Manoj Mago Vs Municipal Corporation of Delhi

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 & Ors.

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 & Ors.

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 & Ors.

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 Delhi & Ors.

M P Power Management Company Limited Vs Union of India & Ors.

Samyak Projects Private Limited Vs Ansal Housing Limited

Illegal Construction and Encroachmentfront Vs Municipal Corporation of Delhi & Ors.

Mohd Suhaib Vs Registrar of Cooperative Society and Ors.

Shiv Kumar Pal & Ors. Vs Dr. Jagdish Bansal through His Attorney Mr. Anil Goyal

Gaurisha Facilities Management Pvt. Ltd. Vs Safdarjung Hospital & Anr.