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2021 Supreme(Del) 856
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Lagaam - Appellant
Versus
Govt Of NCT Of Delhi & Ors. - Respondents
Civil Writ Petition No. 10171 of 2021
Decided On : 14-09-2021
Important Points
Subject
Public Law - Administrative Law
Headnote
Encroachments - Public Interest Litigation - The court directed the concerned authorities to take immediate and effective steps for the removal of encroachments and unauthorized constructions on pavements, footpaths, and roads meant for pedestrians.
Fact of the Case:
The petitioner sought a writ to direct the respondents to remove encroachments and unauthorized constructions on pavements, footpaths, and roads.
Finding of the Court:
The court directed the concerned authorities to look into the grievances and take necessary action in accordance with the law, rules, regulations, and government policies.
Issues: Alleged encroachments and unauthorized constructions on pavements, footpaths, and roads.
Ratio Decidendi: The court emphasized the need for the concerned authorities to address the grievances and take necessary action in accordance with the applicable legal framework.
Final Decision: The present writ petition was disposed of with the direction for the concerned authorities to address the grievances and take necessary action.
C.S. Prasher, Advocate, Santosh Kumar Tripathi, Advocate, Arun Panwar, Advocate, Siddharth Krishna Dwivedi, Advocate, Sanjeev Sagar, Advocate, Nazia Parveen, Advocate
JUDGMENT
D.N. Patel, CJ. - Present Public Interest Litigation has been preferred seeking the following reliefs:-
"(i) Issue writ/s or order/s or direction/s in the nature of mandamus or any other appropriate writ directing the respondents to take immediate and effective steps for removal of all sorts of encroachments, unauthorised temporary and permanent constructions on the pavements, footpaths and roads meant for the pedestrians and on both sides of the roads namely:
a. A road starting from H-1 and H-3 blocks going up to Sarvodaya Kanya Vidyalaya T-point approximate length 1000-1200 mtrs approx.
b. The Shani Bazaar Road upto Indira Park approximate length 500-600 mtrs.
c. The road from Indira Park to Bus Stand of bus route no. 908 length 1200-1500 mtrs approx.
Any other or further order that may be deemed just and proper in the facts & circumstances of the case may also be passed by the Hon'ble court in favour of the petitioner and against the respondents in the interest of justice and equity."
2. We have heard the learned counsels appearing on behalf of the parties and have looked into the facts and circumstances of the case. Petitioner herein seeks necessary direction to the Respondents to take effective steps for removal of alleged encroachments and unauthorised constructions on the pavements, footpaths and roads, as detailed in the body of the writ petition as well as in the prayer clause.
3. At the outset, learned counsel appearing on behalf of the Petitioner submits that a complaint dated 05.07.2021 (Annexure P-4 to the memo of this writ petition) was made by the Petitioner to the concerned Authority and thus, a suitable direction be issued to decide the complaint/representation preferred by the Petitioner, in accordance with law, within a time-bound frame.
4. In view of the aforesaid limited submission, we hereby direct the concerned Respondents Authorities to look into the grievances ventilated by the Petitioner in the complaint/representation dated 05.07.2021 and take necessary action, in accordance with law, Rules, Regulations and Government policies, applicable to the facts of the case. This exercise shall be completed as expeditiously as possible and practicable.
5. With these observations, present writ petition is disposed of.
