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D. N. PATEL, JYOTI SINGH
Lagaam – Appellant
Versus
Govt Of NCT Of Delhi – Respondent
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 Responde
The court's decision was based on the need for the concerned authorities to take necessary action in accordance with the applicable legal framework to address the issue of encroachments and unauthori....
Court directs survey and removal of encroachments on public pathways by both parties following due process.
The High Court may issue a Writ of Mandamus directing administrative authorities to conduct a survey and remove confirmed encroachments on public roads following due process.
Court directed survey and removal of encroachment ensuring due process and fair hearing.
Court directed the removal of illegal encroachments on public roads within a specified timeframe.
The court emphasizes the need for a survey and due process in cases of encroachment on public lands.
Encroachments on public pathways cannot be legalized, and authorities must take action for removal following due process.
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