( 1 ) THE RESIDENTS WELFARE ASSOCIATION OF FRIENDS colony HAS KNOCKED AT THE DOORS OF THIS COURT DRAWING attention THAT THE DDA AND THE MUNICIPAL CORPORATION OF delhi ARE CLOSING THEIR EYES TO RAMPANT ENCROACHMENT BY slum LORDS ON A PARCEL OF LAND STATED TO BE A PARK AS PER the APPROVED LAY OUT PLAN OF THE COLONY. THE PARK IN question IS ADJOINING B-BLOCK OF FRIENDS COLONY (WEST), new DELHI.

( 2 ) SITE PLAN FILED BY THE PETITIONER SHOWS THAT after THE LAST ROW OF HOUSES ON B-BLOCK TOWARDS ITS southern SIDE IS A 45 FEET WIDE ROAD MAKING A t junction WITH THE 130 FEET WIDE MATHURA ROAD ON THE western SIDE OF B-BLOCK. FURTHER SOUTH OF B-BLOCK ACROSS the 45 FEET ROAD IS A STRIP OF LAND. AN ELECTRICAL SUB- station STANDS CONSTRUCTED. TOWARDS THE EASTERN SIDE OF the LAND OF THE SUB-STATION IS A PASSAGE WHICH JOINS THE 45 FEET WIDE ROAD TOWARDS THE SOUTHERN BOUNDARY OF B- block. FURTHER EAST ALONG PART OF THE SAID PASSAGE NEXT to THE ELECTRIC SUB STATION 5, RESIDENTIAL PLOTS OF B- block STAND CARVED OUT. TOWARDS FURTHER SOUTH AT THE land WHERE SUB STATION EXISTS IS THE PARCEL OF LAND stated TO BE A PARK. LAND OF THE PARK ABUTS A PETROL pump ON THE MAIN MATHURA ROAD TOWARDS THE WEST. TOWARDS the SOUTH IS A SENIOR SECONDARY SCHOOL.

( 3 ) THE SAID PARCEL OF LAND, STATED TO BE A PARK along WITH OPEN SPACE CONTINUOUS THERETO, LAND USE whereof HAS NOT BEEN SPECIFIED, CAME TO BE ENCROACHED BY jhuggi DWELLERS. REQUESTS TO THE MUNICIPAL AUTHORITIES and THE LT. GOVERNOR OF DELHI DID NOT YIELD THE DESIRED result.

( 4 ) TO FULFILL THEIR NEEDS, ELECTRICITY IS STATED TO be STOLEN BY THE SLUM DWELLERS. WATER LINES CARRYING water TO B-BLOCK, FRIENDS COLONY, WEST WERE STATED TO BE unauthorizedly TAPPED. FILTH AND WASTE FROM THE SLUM IS stated TO HAVE CHOKED THE SEWER LINES.

( 5 ) IN BRIEF, PETITIONER STATES THAT LIFE OF residents OF B-BLOCK, FRIENDS COLONY, WEST HAS BECOME miserable DUE TO UNHYGIENIC CONDITIONS CREATED BY THE slums ADJOINING THE COLONY.

( 6 ) FURTHER GRIEVANCE OF THE PETITIONER IS THAT ANTI social ELEMENTS OPERATE IN THE AREA. THESE SLUM DWELLERS access THE SLUM THROUGH THE 45 MTR WIDE ROAD ON THE southern BOUNDARY OF THE COLONY. A CONSTANT FLOW OF SLUM dwellers, DAY AND NIGHT, ON THE ROAD IS A SOURCE OF threat TO THE LIFE OF THE RESIDENTS OF B-BLOCK, SPECIALLY those WHOSE HOUSES ABUT THE 45 FEET WIDE ROAD.

( 7 ) IT IS STATED IN THE PETITION THAT WHAT STARTED as A SLUM CLUSTER CONSISTING OF JHUGGIS ERECTED AT SITE by USE OF PORTABLE MATERIAL IS GIVING WAY TO CONCRETE structures. DOUBLE AND TRIPLE STROYED CONSTRUCTIONS WERE coming UP.

( 8 ) PHOTOGRAPHS HAVE BEEN FILED TO SUBSTANTIATE THE pleadings. PHOTOGRAPHS SHOW BRICK AND CONCRETE constructions; SINGLE, DOUBLE AND TRIPLE STOREYED HAVING come UP ON THE LAND.

( 9 ). PLACING RELIANCE UPON THE SANCTIONED LAY OUT plan, PETITIONERS PLEAD THAT IT IS THE DUTY OF THE municipal AUTHORITIES TO ENSURE THAT NO LAND IS USED contrary TO THE SANCTIONED LAY OUT PLAN. IT IS PLEADED that THE LAND USE IS REGULATED BY THE ZONAL DEVELOPMENT plan. ZONAL DEVELOPMENT PLAN REQUIRES THE LAND UNDER encroachment TO BE MAINTAINED AS A GREEN AREA I. E. A park.

( 10 ). PRAYER MADE IN THE WRIT PETITION IS AS UNDER:-

(A) PASS ANY APPROPRIATE WRIT, ORDER OR DIRECTION including A WRIT OF MANDAMUS AND PROHIBITION DIRECTING the RESPONDENTS NO. 1 TO 3 TO DEMOLISH THE ILLEGAL AND unauthorised ENCROACHMENT AND CONSTRUCTION RAISED IN THE park (PUBLIC LAND) ADJACENT TO DDA b BLOCK, FRIENDS colony (WEST), NEW DELHI;

(B) DIRECT RESPONDENT NO. 6 -DELHI VIDYUT BOARD- TO disconnect ALL ELECTRICITY CONNECTIONS GRANTED ILLEGALLY in AN UNAUTHORISED COLONY BUILT ON A PUBLIC PARK ADJACENT to DDA b BLOCK, FRIENDS COLONY (WEST), NEW DELHI;

(C) DIRECT RESPONDENTS NO. 4 AND 5 TO PROVIDE ALL necessary POLICE HELP TO MAINTAIN LAW AND ORDER AND TO assist RESPONDENTS NO. 1 TO 3 FOR REMOVAL OF THE unauthorised CONSTRUCTION ON THE AFORESAID PARK ADJACENT to DDA b BLOCK, FRIENDS COLONY (WEST), NEW DELHI;

(D) DIRECT RES