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High Court of DelhiW.P.(C)/856/2019

Prithvi Raj & ORS v. Delhi Development Authority & ORS

2019-01-25Hon'Ble Mr. Justice C.Hari Shankar3 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th January, 2019 + W.P.(C) 856/2019 & CM APPLs. 3855/2019, 3856/2019 PRITHVI RAJ & ORS ..... Petitioners Through:

Mr. Kamlesh Kumar Mishra and Mr. Rohit Kalra, Advs.

versus DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through:

Ms. Gauri Chaturvedi for Mr. Dhanesh Relan, SC-DDA Ms. Mini Pushkarna, SCDUSIB/R-2 with Ms. Swagata Bhuyan, Ms Shiva Pandey and Ms. Apoorva Khosla, Advs.

Mr. Jawahar Raja, ASCGNCTD with Ms. Kritika Padode, Adv. for R-3, 4, 5 Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for R-SDMC

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR ORDER (ORAL) % 25.01.2019 1.

This writ petition is identical to WP(C) 423/2019, which stands

disposed of, by me vide an order dated 16th January, 2019, and learned counsel are ad idem that a similar order may be passed in this case. 2.

This writ petition is filed by four petitioners who claim to be residents of the slums of Gadia Lohar Basti, Lall Gummat (Jhuggi), Lal Gumbad, Panchsheel Park, Delhi. The only assertion in this writ petition, which can be said to found any cause of action, warranting resort to the jurisdiction of this Court, is the averment to the effect that the slums of the petitioners would be demolished, without any notice to them.

3.

Ms. Gauri Chaturvedi, learned counsel appearing for the Respondent No.1/DDA rightly points out that the writ petition is completely vague. No person, who has held out any such threat to the petitioners, is identified or named. Admittedly, there is no written communication received by the petitioners, directing them to vacate the premises in their occupation or threatening demolition of the said premises.

4.

It is not possible for this Court to exercise its extraordinary jurisdiction on such vague allegations, as it would amount to this Court carrying out a fishing and roving inquiry which is outside the province of Article 226 of the Constitution of India. 5.

A similar writ petition, i.e. W.P. (C) 13880/2018 (Radha v. DDA), was disposed of, by me, on 28th December, 2018, reserving

liberty to the petitioner to re-approach this Court with sufficiently concrete details, and observing that the respondent would not act in any manner, except as is duly sanctified by law, and following due process and the procedure established by law in that regard. 6.

This writ petition is also disposed of in the same terms. Order be given dasti under the signature of the Court Master. C. HARI SHANKAR, J JANUARY 25, 2019/kr