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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Ganesh Singhal – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks demolition of unauthorized construction. (Para 1 , 2) |
| 2. court directs investigation into alleged encroachment. (Para 3 , 4 , 5) |
| 3. writ petition disposed with observations. (Para 6) |
JUDGMENT
D.N. Patel, CJ. (ORAL)--Proceedings have been conducted through video conferencing.
CM APPL. 2851/2022 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 1003/2022
1. Present Public Interest Litigation has been preferred seeking the following reliefs:-
"(i) issue an appropriate Writ(s) or order(s) or direction(s) to the respondents to demolish the illegal and unauthorised construction over the Govt. land / road straight upto 100 Fts. as per approved Site Plan of Govt. of NCT of Delhi of G.T.B. Nagar to Burari Bye-Pass i.e. Shanti Swarup Marg, Delhi;
(ii) issue an appropriate Writ(s) or order(s) or direction(s) to the respondents to take the possession of the Road straight upto 100 Fts. As per approved Site Plan of Govt. of NCT of Delhi of G.T.B. Nagar to Burari Bye-Pass i.e. Shanti Swarup Marg, Delhi, from the encroachers / land grabbers etc.
(iii) Any other order(s) or direction(s) which this Hon'ble Court deem fit j
Writ jurisdiction cannot adjudicate factual disputes; grievances should be treated as representations for resolution by appropriate authorities under relevant laws.
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.
Writ jurisdiction is not suitable for adjudicating disputed questions of fact regarding legality of construction; appropriate remedies must be pursued instead.
Unauthorized construction claims require sufficient evidence and due process, ensuring that affected parties are heard before any action is taken.
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 genuine public interest litigation requires the presence of necessary parties and substantial evidence to support claims of encroachment or illegality.
The court directed authorities to address grievances regarding illegal construction and emphasized accountability in compliance with laws and regulations.
Vague allegations in a public interest litigation regarding unauthorized construction without cogent evidence are insufficient for judicial intervention, necessitating proper factual inquiries.
Demolition of unauthorized constructions requires due process, including the right to be heard for affected owners/occupiers.
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