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DELHI HIGH COURT
D.N.PATEL, AMIT BANSAL
Fight for Right Social Welfare Society – Appellant
Versus
Vice Chairman Delhi Development Authority Cum Chairperson Special Task Fo – Respondent
| Table of Content |
|---|
| 1. public interest litigation facts and reliefs (Para 1 , 2 , 3 , 4 , 5) |
| 2. court’s observations on the legitimacy of the claim (Para 6 , 7 , 8 , 9 , 10) |
| 3. dismissal of the petition with costs (Para 11) |
| 4. procedure for compliance and order transmission (Para 12 , 13) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
CM APPL. 32761/2021 (exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) 10629/2021
1. This so-called Public Interest Litigation has been filed seeking following reliefs:
"1. Allow the above writ petition of the petitioner and issue writ in the form of mandamus or direction/order/guideline of like nature thereby directing the respondent no. 1 and 2 to demolish the booked illegal and unauthorized construction as per the list of properties already supplied to them.
2. Issue of writ of mandamus to the respondent no. 1 and 2 in the form of mandamus or direction/order/guideline of like nature thereby directing the respondent no. 1 and 2 to book the unbooked illegal and unauthorized construction as per the list of properties already supplied to them.
3. Issue of writ of mandamus to the respondent no.1 and 2 in the form of mandam
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.
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.
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.
Proof of illegality in construction must be supported by substantive evidence; mere presence of construction materials is insufficient.
Writ jurisdiction is not suitable for adjudicating disputed questions of fact regarding legality of construction; appropriate remedies must be pursued instead.
Demolition of unauthorized constructions requires due process, including the right to be heard for affected owners/occupiers.
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