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MANMOHAN, TUSHAR RAO GEDELA
Jamia Arabia Nizamia Welfare Education Society – Appellant
Versus
Delhi Development Authority Through Its Vice Chairman – Respondent
JUDGMENT :
MANMOHAN, C.J.
1. Present Public Interest Litigation had been filed seeking action against officials of the respondents who had allowed the encroachers to carry out unauthorized/illegal construction at Khasra no. 556, Ziyrat Guest House, near Baoli Gate, Hazrat Nizamuddin Dargah, near Police Booth. The petitioner had also sought a direction to demolish the said illegal and unauthorized construction.
2. When the matter was listed for the first time on 16th January, 2024, this Court was informed that despite the petitioner’s representation dated 3rd November, 2023 to the respondents highlighting the illegal construction being carried out at Ziyrat Guest House and the Archaeological Survey of India (ASI) issuing a Work Stop Notice dated 11th December, 2023, the statutory authorities had failed to take any action. Since learned counsel for ASI had stated that it had written a letter dated 2nd January, 2024 to the SHO, Nizamuddin (West) to register an FIR, this Court had observed that, prima facie, illegal and unauthorized construction was taking place with the tacit support, if not active connivance of statutory authorities and hence directed the respondents to ensure that no f
The court mandated CBI investigation into unauthorized constructions due to administrative lapses by statutory authorities, emphasizing accountability and structural reforms.
Point of Law : In light of the recoveries made and statement made by the independent witnesses, it cannot be ruled out that the petitioner has been involved in the commission of Sections 13(2) and 13....
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
The court affirmed the necessity of preserving public spaces and the illegality of unauthorized constructions on reserved land, emphasizing strict adherence to zoning regulations.
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