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Delhi HC issues notice to Delhi govt, BJP chief Adesh Kumar Gupta over PIL alleging encroachment on public land

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The Delhi High Court on Monday sought a response from the Delhi Government, the North Delhi Municipal Corporation, the Delhi BJP chief and West Patel Nagar municipal councillor Adesh Kumar Gupta, among others, in a plea alleging abuse of power and position by Gupta inasmuch as there is misuse of municipal resources to raise illegal constructions and encroachment over public land.

The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh issued notice in the plea seeking removal of the alleged illegal construction and posted the matter for next hearing on February 18, 2022.

Senior Advocate Mahabir Singh, representing Gupta, contended that the allegation is based on the ground that certain hoardings have been placed on the alleged lands.

At this juncture, the Bench asked him to argue on the point of law. “You argue the legal thing. If it is permissible, it is permissible; otherwise remove on your own. There is no question of sympathy. We can’t do more charity than the law,” the Bench orally remarked.

The instant PIL has been filed by lawyer Hemant Choudhary. It has been alleged in the plea that Gupta has raised several illegal constructions over public land in West Patel Nagar, thereby propagating corruption during discharging his duties by misusing his power and position as well as government resources for public gain.

It is stated that a complaint was filed regarding the acts of Gupta before the office of the Lokayukta on September 21, 2021; however as the Bench of Lokayukta is vacant for more than 6-8 months, no action has been taken on the complaint as yet. Furthermore, time and again representations have been sent to the Delhi Government highlighting acts of Gupta, but no action has been taken till date.

In light thereof, the plea, in addition to removal of unauthorized and illegal constructions raised by Gupta, prays for removal of electricity connections installed at alleged construction and for directions for appointment of a Lokayukta to conduct an inquiry against Gupta.

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