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2002 Supreme(Del) 1200

S.B.SINHA, A.K.SIKRI
PANCHSHIL ENCLAVE RESIDENTS WELFARE ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
AMRIT KUMAR, GITA MITTAL, KAPIL SHARMA, RAJIV DUTTA, REKHA PALLI, SUSHANT KUMAR, V.K.Shali

A. K. Sikri

( 1 ) CWP No. 5761/2001 was filed by the Panchsheel enclave Residents Welfare Association in the nature of public Interest Litigation. Issues raised in the writ petition pertained to unauthorised constructions in and around the two old dilapidated and protected monumental structures right behind Blocks A and A1 of Panchsheel enclave. New Delhi, falling in the area declared as green Belt. The petitioner had pointed out that although this land belongs to Delhi Development authority, it was not only encroached upon by unauthorised persons but they were raising illegal structures inspite of the fact that no structures could be raised within 100 meters of the protected monuments. After issuing notice to various authorities including dda, AST etc. and hearing the parties at length, the writ petition was disposed of with the following directions.

I. The Archaeological Survey of India shall take appropriate action for removal of unauthorised encroachments on the land in question and implement its order dated 1. 11. 88 passed under public Premises (Eviction of unauthorised occupants) Act, 1971, if there is no other impediment for taking action pursuant to the aforesaid eviction o













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