Raj Kumar v. South Delhi Municipal Corporation & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6094/2015 RAJ KUMAR ..... Petitioner Through None.

Versus

SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr. Ajay Digpaul, CGSC for SDMC Mr. Satyakam, ASC for GNCTD Mr. Kirtiman Singh, CGSC with Ms.

Prerna Shah Dev, Advocate for R-3

CORAM:

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

O R D E R

% 12.01.2016 1.

This petition by way of public interest litigation has been filed with the prayer to direct the respondents to stop the alleged illegal and unauthorized construction over the protected land of Archaeological Survey of India, numbered 39-40 measuring about 500 Sq.Yds. near Old Begumpur Masjid, Begumpur, Malviyanagar, New Delhi and further to directs the respondents to initiate appropriate action against the trespassers. 2.

In pursuance of the notice ordered by us, the Superintending Archaeologist in Delhi Circle of Archaeological Survey of India and the SHO, Malviyanagar filed status reports stating that as soon as the unauthorized construction was noticed, a complaint has been lodged with the SHO, Malviyanagar Police Station on 10.04.2014 and thereafter, a notice

was issued on 27.04.2015 for removal of the unauthorized construction under the provisions of AM & ASR (Amendment and Validation) Act, 2010 and that the site is being monitored continuously for protection of the land. 3.

In view of what has been stated in the status reports, we dispose of the writ petition with directions to the respondents to ensure removal of the unauthorized construction at the earliest and to take all necessary steps to ensure no further encroachments over the land in question. 4.

Writ petition is according disposed of.

CHIEF JUSTICE JANUARY 12, 2016/v JAYANT NATH, J.