Radha & ORS v. Delhi Development Authority & ORS

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of pronouncement: 20th December, 2018 + W.P.(C) 13880/2018 & CM Nos.54174-54175/2018 RADHA & ORS ..... Petitioners Through:

Mr. Kamlesh Kr. Mishra and Ms. Kriti Kumari, Advs.

versus DELHI DEVELOPMENT AUTHORITY & ORS.

....Respondents Through:

Mr. Dhanesh Relan, SC-DDA with Mr. Rajeev Jha and Ms.

Mrinalini Sharma, Adv.

Mr. Mukesh Kumar for Mr.

Parvinder Chauhan, Adv. for RDUSIB Mr. T.S. Nanda, Adv. for R-3 & 4 with SI Rahul, PS Kalkaji

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR % ORDER (ORAL) 20.12.2018 1.

This writ petition is filed by 16 petitioners who claim to be residents of the Gadia Lohar Basti Maharana Pratap Camp, Kalkaji Depot and now at Ravidas Marg, Near Govindpuri Metro Station, Kalkaji, South 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, are the

averments to the fact that the slums of the petitioners would be demolished, without any notice to them.

2.

Mr. Relan, learned counsel appearing for the respondent 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.

3.

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 roving and fishing inquiry which is outside the province of Article 226 of the Constitution of India.

4.

As such, this writ petition is disposed of, reserving liberty to the petitioner to re-approach this Court with sufficiently concrete details.

5.

Needless to say, however, the respondents 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.

The writ petition is disposed of accordingly. Dasti.

C.HARI SHANKAR, J DECEMBER 20, 2018/kr