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DELHI HIGH COURT
D.N.PATEL, AMIT BANSAL
Varees Ahmad – Appellant
Versus
Govt. NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. public interest litigation regarding illegal construction. (Para 1 , 3) |
| 2. counterarguments on the nature of the litigation. (Para 4 , 5) |
| 3. court's rejection of public interest status of the petition. (Para 6 , 7) |
| 4. writ petition dismissed. (Para 8) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
CM APPL. 33508/2021 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 10707/2021 & CM APPL. 33507/2021 (Stay)
1. This public interest litigation has been preferred for the following prayers:
i) A Writ be issued in the nature of Mandamus directing the respondent no. 1 to 7 to remove/demolish the illegal and unauthorized construction and encroachment at property bearing no. 536 (Old no. 1 75) Khasra no. 1 75, Gali no. 18, Zakir Nagar, Okhla, New Delhi-110025, (land measuring 275 Sq. yds.).
ii) To issue the directions to the respondent no. 1 to 7 to immediately stop the illegal further encroachment if any.
iii) To issue a writ of prohibition against the respondent no. 8 restraining them from raising further illegal and unauthorized construction and illegal encroachment.
iv) Pass such other order(s) and further order(s) as it deems fit in
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.
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.
Proof of illegality in construction must be supported by substantive evidence; mere presence of construction materials is insufficient.
Demolition of unauthorized constructions requires due process, including the right to be heard for affected owners/occupiers.
A genuine public interest litigation requires the presence of necessary parties and substantial evidence to support claims of encroachment or illegality.
Writ jurisdiction is not suitable for adjudicating disputed questions of fact regarding legality of construction; appropriate remedies must be pursued instead.
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