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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Mohd. Farooq – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition for various mandamus directives. (Para 1) |
| 2. petitioner's grievances regarding illegal construction. (Para 2) |
| 3. authority must address petition as representation. (Para 3) |
| 4. illegal constructions must be demolished if confirmed. (Para 4) |
| 5. no orders on lokayukt appointment needed. (Para 5) |
| 6. petition disposed of accordingly. (Para 6) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
CM APPL. 9698/2022 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 3332/2022
1. Present Public Interest Litigation has been preferred seeking the following reliefs:
"a) Issue a writ, order or direction in the nature of mandamus thereby directing respondent No.1 (Govt of NCTD) to take all actions including demolition action against illegally constructed structure mentioned in the instant petition in a time bound manner.
b) Issue a writ of mandamus or other suitable writ under Article 226 of the constitution of India directing the respondent no.1 (Govt of NCTD) and Respondent no. 2 (The Lieutenant Governor of Delhi U/T) to appoint Lokayukt (Govt. of NCT of Delhi) as the seat/bench is vacant for more than last 10 months.
c) Issue a writ order
The court directed authorities to address grievances regarding illegal construction and emphasized accountability in compliance with laws and regulations.
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.
Writ jurisdiction cannot adjudicate factual disputes; grievances should be treated as representations for resolution by appropriate authorities under relevant laws.
A public interest litigation must be substantiated with credible evidence and involve necessary parties; failure to do so may result in dismissal.
The legality of construction cannot be ascertained solely from documents; adequate evidence is essential for a writ court to adjudicate such matters.
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.
The court upheld the MCD's authority to issue demolition notices for illegal constructions, emphasizing compliance with statutory procedures.
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