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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Anis Khan – Appellant
Versus
South Delhi Municipal Corporation – Respondent
JUDGMENT
D.N. Patel, Chief Justice (ORAL)--Proceedings have been conducted through video conferencing.
CM APPL. 34665/2021 (exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 11258/2021 and CM APPL. 34664/2021 (stay)
1. Present Public Interest Litigation has been preferred seeking the following reliefs:
"(a) A Writ of Certiorari calling for the records of the case for perusal;
(b) A writ, order, directions in the nature of mandamus directing the Respondent SDMC to demolish and/or seal the said illegal & unauthorized construction carried out by the Respondent No.5 & his associates at land measuring 2150 sq. yards out of Khasra No. 222 and 269/1, Khewat No. 27, Khatauni No. 164 area of Khijrabad, known as Ward No. 7, Zakir Nagar, Khijrabad, New Delhi;
(c) A writ, order, directions in the nature of mandamus forthwith staying the unauthorized construction going on & carried on by the Respondent No. 5 and his associates, at the land measuring 2150 sq. yards out of Khasra No. 222 & 269/1, Khewat No. 27, Khatauni No. 164 area of Khijrabad, known as Ward No. 7, Zakir Nagar, Khijrabad, New Delhi;
(d) A writ, order, directions in the nature of manda
The main legal point established is that allegations of illegal construction require cogent evidence and material particulars to be proven, and disputed questions of fact require evidence-based proce....
Writ jurisdiction is not suitable for adjudicating disputed questions of fact regarding legality of construction; appropriate remedies must be pursued instead.
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.
Authorities must act against unauthorized constructions and provide necessary police assistance for lawful demolitions, affirming the duty to enforce regulations.
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.
Writ jurisdiction cannot adjudicate factual disputes; grievances should be treated as representations for resolution by appropriate authorities under relevant laws.
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