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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Prashant Bhardwaj – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition seeks removal of encroachments. (Para 1) |
| 2. court outlines deficiencies in petition. (Para 2) |
| 3. previous petition's dismissal impacts current case. (Para 3) |
| 4. writ petition dismissed without costs. (Para 4) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
1. This writ petition has been preferred with the following prayers:
"a. Issue appropriate writ or direction against the respondents and its officers and employees to remove encroachment on the land admeasuring 30,000 sq. yds. (which was earlier F-Type Quarters for Class-IV employees of Union of India) now popularly known as Sanjay Basti, adjacent to New Market, Timarpur, Near Balakram Hospital, Timarpur, Delhi;
b) Issue appropriate writ or direction against the respondents and its officers and employees to secure the land on which the Urban Development Ministry can easily construct the flats for government servants and/or for other department;
c) Call for the entire record of W.P.(C) No.7323 of 2016, titled as "Manju Sachdeva vs. Union of India & Ors." to form part of record of this present petition;
d) Pass any other order or direction
Public interest litigation is not applicable when targeting a specific property owned by an individual, and separate legal actions must be pursued for such disputes.
Demolition of unauthorized constructions requires due process, including the right to be heard for affected owners/occupiers.
Writ jurisdiction cannot adjudicate factual disputes; grievances should be treated as representations for resolution by appropriate authorities under relevant laws.
The court directed a statutory review of alleged illegal construction and emphasized adherence to law and due process in decision-making.
Public Interest Litigation requires proper standing and evidence; a petitioner must join affected parties and cannot solely rely on hearsay.
A public interest litigation must be substantiated with credible evidence and involve necessary parties; failure to do so may result in dismissal.
Lack of evidence, ground work, and public interest element in a public interest litigation may lead to the dismissal of the petition and imposition of costs on the petitioner.
The court emphasized the importance of locus standi in seeking a writ of mandamus and highlighted the need for evidence and legal diligence in pursuing legal remedies.
The court directs administrative authorities to expedite action on illegal encroachments on public land while emphasizing public interest.
The court emphasized the importance of genuine PILs and the verification of the petitioner's credentials before entertaining a PIL. It also clarified that revocation of building permission in a PIL w....
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