Shri Puran Singh & ORS v. Govt. Of NCT Of Delhi & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3067/2018 SHRI PURAN SINGH & ORS ..... Petitioner Through:

Mr.N.S.Dalal, Adv. with Mr.Devesh Pratap Singh, Adv.

Versus

GOVT. OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Santosh Kr.Tripathi, ASC with Mr.Shashank Tiwari Arpit, Adv. for GNCTD.

Mr.Ram Kumar, Adv. for R-3/North D.M.C.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 09.07.2019 1.

This public interest litigation has been preferred with the following prayers:- "(i) Issue an appropriate writ, order or direction thereby directing the Respondents to remove the encroachment over the land of Water Body bearing Khasra No.485 Min. Measuring 9 Bighas 9 Biswas situated in the revenue estate of Village Tikri Kalan, Delhi and submit the Action Taken Report before this Hon'ble Court;

(ii) Issue an appropriate writ, order or direction thereby directing the Respondents to develop, beautify and protect the Water Body and preserve the water in the Water Body and complete the aforesaid process within a time bound period; (iii) Issue an appropriate writ, order or direction thereby directing the Respondents to explain as to why in spite of general directions having been issued for protection of the Water Body, Water Body of Khasra No.485 Min. Measuring 9 Bighas 3 Biswas situated in the revenue estate of Village Tikri

Kalan, Delhi, has not been protected and encroachment continues and water is allowed to be flowed, which has caused unhygienic conditions in the surrounding and has made the living of the people unsafe;

(iv) Award costs of the present writ petition in favour of the Petitioners and against the Respondents;

(v) Pass any such other or further orders as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case, in favour of the Petitioners and against the Respondents."

2.

Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, we hereby direct the respondents to remove the encroachments which have been mentioned nearby the water body situated at Khasra No.485 Min. measuring 9 Bighas 9 Biswas situated at Village Tikri Kalan, Delhi. The respondents will take action in accordance with law and after giving adequate opportunity of being heard to the affected parties.

3.

It is submitted by the respondents that the process of removal of encroachment is going on. We expect that the same will be completed as early as possible and practicable and thereafter the water bodies will be developed by the respondents.

4.

With these observations, this writ petition is disposed of. CHIEF JUSTICE C.HARI SHANKAR, J JULY 09, 2019/„anb‟