Corruption Removal Society (Regd) v. South Delhi Municipal Corporation And ORS

$~A-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2611/2016 CORRUPTION REMOVAL SOCIETY (REGD)..... Petitioner Through Mr.J.L.Singh, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondent Through Mr.Vikas Chopra, Adv. for R-1/ SDMC Mr.Sanjay Ghose, ASC and Ms.Pratishtha Vij, Advs. for R-2 and R-4 Mr.Sanjeev Sabharwal, Standing Counsel for DDA

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 25.04.2016 This Public Interest Litigation has been filed alleging non-compliance of Circular dated 28.08.2000 issued by the Government of India, Ministry of Urban Development and Poverty Alleviation regarding the action required to be taken against illegal constructions/unauthorised encroachments and misuse of land in violation of the provisions of the Master Plan of Delhi. When the matter is taken up for consideration, it is represented at the outset by the learned counsels appearing for the respondents/SDMC and GNCTD that the petitioner herein i.e. Corruption Removal Society (Regd.)

had earlier filed W.P.(C) No.10486/2015 for the very same relief of compliance of Circular dated 28.08.2000. It is also pointed out that the said fact has not been revealed in the present writ petition. While stating that W.P.(C) No.10486/2015 was disposed of by order dated 16.02.2016, a copy of the said order has also been produced by the learned counsel for the respondents.

On a perusal of the present petition, we found that the petitioner had not only suppressed the earlier petition but also pleaded specifically that the petitioner has not filed similar petition before any other Court or the Supreme Court of India.

The petition is therefore liable to be dismissed for suppression of material facts and the same is accordingly dismissed. The copy of the order dated 16.02.2016 in W.P.(C) No.10486/2016 shall form part of the record. CHIEF JUSTICE JAYANT NATH, J APRIL 25, 2016/n