Friday, February 23, 2024

Delhi High Court disposes of plea against illegal construction in Delhi’s Vikaspuri

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The Delhi High Court on Tuesday disposed of a plea alleging illegal construction was being raised over land in Delhi’s Vikaspuri and asked the Delhi Development Authority to treat the petition as a representation.

The Division Bench comprising Chief Justice D.N. Patel and Justice Neena Bansal Krishna was dealing with a plea filed by the Resident Welfare Association of Budhela, Vikaspuri, through its president Deepak Tyagi. The Bench observed thus:

“Looking to the facts and circumstances of the case, we hereby direct Respondent No.2 (Delhi Development Authority)to decide the claim of this petitioner so far as encroachment upon the property in question is concerned. The decision will be taken by R.2 in accordance with law, rules, regulations, government policies and on the basis of the evidences placed on record.”

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The Bench directed the DDA to expeditiously decide the issue at hand after giving an adequate opportunity of being heard to the institution alleged to have encroached upon the property in question. “If the encroachment is found to be illegal in nature, the same shall be removed by the concerned respondent authorities in accordance with law, as expeditiously as possible and practicable,” observed the Bench.

Filed on behalf of Advocates Krishna Kumar Sharma, Anil Devilal and Raghvendra Shukla, the petition contended that the Delhi Government’s cultural wing Sahitya Kala Parishad has encroached upon some land in Budhela district of Vikaspuri, where a pond exists for cattle and residents of the area. It was alleged the said encroachment has been done to construct a cultural centre over the land in question, in brazen violation of several rulings by the Apex Court and High Courts directing for safeguarding and preservation of ponds and other water bodies.

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“Indian Government has a duty to protect the natural water bodies to ensure its citizens their fundamental right to a decent quality of life,”

-the plea added.

The plea highlights that a representation against the alleged illegal action was made to the Vice Chairman of the DDA, however no action was taken by the concerned authorities. “The petitioner has already informed the higher authorities and respondents about the encroachment and illegal occupation over the land in question by the land grabbers and the higher handedness of the land grabbers and other illegal acts of the land mafia but no legal action has been taken by the respondents,” the plea averred.

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In light thereof, the plea sought for removal of the illegal construction in question and for initiation of stringent legal action against the encroacher.

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