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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Anti Corruption Crime and Human Protection – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. public interest litigation regarding unauthorized construction (Para 1 , 2) |
| 2. requirement of cogent evidence for illegal construction claims (Para 3) |
| 3. directive for the respondents to evaluate grievances (Para 4) |
| 4. duties of respondents if construction is found illegal (Para 5 , 6) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
W.P.(C) 326/2022 & CM APPL. 930/2022 (Stay)
1. Present Public Interest Litigation has been preferred seeking the following reliefs:
"(a) take necessary/appropriate action to demolish the existing illegal and unlawful unauthorized construction on House No.110, Gali No.17, Near Umar Masjid, Jakir Nagar, Okhla, New Delhi- 110025 ;
(b) restrain the respondent No. 6 from creating third Party interest by selling, alienating the abovesaid illegal construction to prospected purchasers,
(c) take necessary/appropriate action against the respondent No. 6 for violation of the public policy and by laws adopted by the Government authority"
2. We have heard learned counsel appearing on behalf of the Petitioner and have looked into the facts and circumstances of the case. Petitioner, inter alia, s
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.
Vague allegations in a public interest litigation regarding unauthorized construction without cogent evidence are insufficient for judicial intervention, necessitating proper factual inquiries.
Public Interest Litigation requires proper standing and evidence; a petitioner must join affected parties and cannot solely rely on hearsay.
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.
A public interest litigation must be substantiated with credible evidence and involve necessary parties; failure to do so may result in dismissal.
Proof of illegality in construction must be supported by substantive evidence; mere presence of construction materials is insufficient.
Writ jurisdiction cannot adjudicate factual disputes; grievances should be treated as representations for resolution by appropriate authorities under relevant laws.
Demolition of unauthorized constructions requires due process, including the right to be heard for affected owners/occupiers.
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