MANAV SAMAJ SUDHAR SURAKSHA SANSTHA NGO THROUGH IT vs THE COMMISSIONER & ORS.

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2024 Supreme(Online)(DEL) 4684

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6378/2023, CM APPL. 51499/2023 MANAV SAMAJ SUDHAR SURAKSHA SANSTHA NGO THROUGH ITS VICE PRESIDENT NUSRATULLAH KHAN ..... Petitioner Through:
Mr. Alamgir, Advocate versus THE COMMISSIONER & ORS.
..... Respondents Through:
Mr. Rakesh Mishra, Standing counsel MCD/respondent no. 1. Ms. Vrinda Kapoor with Ms. Saumya Soni and Mr. Vishal Vaid, Advocates for respondent/DDA.
Mr. Achal Gupta, Advocate for respondent no. 4 and 5. Mr. Santosh Kumar Tripathi, Standing counsel (Civil) with Mr. Arun Pawar, Mr. Prashansa Sharma, Mr.
Kartik Sharma, Advocates for respondent no. 5/SHO. Mr. Kamran Malik with Mr. Md Ashraf A. Fanooqi, Advocates for respondent No. 6 CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

Advocates:
ALAMGIR

ORDER

% 29.01.2024 Learned counsel for the DDA is directed to comply with the last order within three weeks.

List on 21st February, 2024.

CM APPL. 51500/2023

1. This is an application filed by Respondent No. 6 seeking dismissal of the present writ petition on the assertion that the Petitioner fails to satisfy the test for maintaining a Public Interest Litigation (‘PIL’).

2. Learned counsel for the Applicant/ Respondent No.6 states that the Petitioner itself is a violator of the environmental laws and the building of the Petitioner has been sealed by MCD for illegal construction. He states the Petitioner organisation has not done any outstanding work for public at large and therefore, cannot maintain this PIL.

3. Learned counsel for Respondent No. 3, DDA states that the subject land falling in Khasra No. 249 min (5-4) belongs to DDA and appropriate steps for removing encroachment have already been taken and DDA’s official board has been installed on the subject land. She disputes the claims of Respondent No. 6 on the subject land.

4. MCD as well has filed a status report dated 25th August, 2023 by way of affidavit confirming the installation of the display board by DDA on the subject land and has placed on record photographs to this effect. The status report of MCD also pleads that the title of the subject land vests with DDA.

5. In view of the stand taken by DDA and MCD on affidavit, asserting that the possession in the subject land presently vests with DDA as well the assertion by DDA that the title of land vests in DDA, the issue raised in the present writ petition as regards encroachment merits consideration, especially, since the subject land forms part of Yamuna Pushta. The issue of encroachment and/or unauthorised construction in Yamuna Pushta is a matter of public interest and therefore, this writ petition is maintainable.

6. This Court accordingly finds no merit in the application seeking dismissal of the writ petition. It is however, clarified that the pleas raised by the applicant on the merits of the issues raised in the petition will be adjudicated upon at the time of hearing the prayers in the writ petition.

7. Accordingly, the present application stands dismissed.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J JANUARY 29, 2024/rhc/MG Click here to check corrigendum, if any

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