The Society For Public Cause v. Delhi Development Authority & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6539/2016 THE SOCIETY FOR PUBLIC CAUSE ..... Petitioner Through:

Dr.N.K. Khetrapal, Adv.

Versus

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

Mr.Sanjeev Sabharwal, Adv.

for DDA; Ms.Prabhasahay Kaur, ASC for GNCTD;

Mr.Ajay Arora with Mr.Kapil Dutta, Advs. for MCD; Insp.Anand Lakra, PS/Pandav Nagar.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 31.08.2016 1.

This petition by way of Public Interest Litigation has been filed with a prayer to direct the respondents No.1, 2 and 4 to 6 to demolish the alleged unauthorized constructions raised by the respondent No.7 and 9 and to remove the alleged encroachments around Neelam Mata Mandir, Ganesh Temple and Prachin Shivalaya. It is pleaded in the writ petition that in fact the very same issue was considered by this Court earlier in W.P.(C) No.3949/2007 and by order dated 25.01.2012 the SHO concerned was directed to ensure that squatters do not encroach the public land. It is alleged that in spite of the same the encroachments continued. 2.

By order dated 29.07.2016, we directed that the concerned DCP shall file an affidavit explaining the steps taken in compliance with the order of W.P.(C) 6539/2016

this Court in W.P.(C) No.3949/2007.

3.

In pursuance thereof, an affidavit has been filed by the DCP (East), Delhi Police stating that there are no encroachments on the footpath outside the temples named by the petitioner. It is also stated that Shri Baldev Raj who filed the present petition claiming to be the General Secretary of the petitioner society has initiated contempt proceedings also alleging noncompliance of the directions dated 25.01.2012 in W.P.(C) No.3949/2007 and that the said Contempt Case No.197/2016 is pending on the file of this Court. Notice has been served on the concerned SHO in the said contempt case and status reports as to the action taken have been filed. 4.

Having perused the status report filed on behalf of the Delhi Police and having taken note of the fact that CCP No.197/2016 filed by the petitioner herein alleging non-compliance with the directions of the order dated 25.01.2012 is also pending on the file of this Court, we do not think it is necessary to keep this petition pending any longer. The writ petition is accordingly disposed of. CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J AUGUST 31, 2016/pmc W.P.(C) 6539/2016