The Supreme court of India on Monday while dealing with the Special Leave Petition has issued notice to the South Delhi Municipal Corporation and Delhi Development Authority with condition that the affected parties are impleaded, on illegal construction and in utter violation of the provisions of The Delhi Municipal Corporation Act, 1957 in Mehrauli area of Delhi.
The Special Leave petition was filed before the Apex court challenging the order of the Delhi High Court, whereby the matter “Monu Bhadana vs Union of India” was heard by the Supreme court three judges’ bench comprised of Justice Rohinton Fali Nariman, Justice Navin Sinha & Justice B.R. Gavai. The respondents are the Union of India, the Delhi Development Authority and the South Delhi Municipal Corporation.
Justice Nariman today said that- “But why haven’t the affected parties been impleaded”.
On which, the petitioner’s counsel stated that even if they are affected or not affected if illegal construction is there then action has to be taken.
Thereafter, Justice Nariman replied that the court will only issue notice if affected parties are impleaded.
Earlier the petitioner approached the Supreme court, whereby the apex court dismissed the petition with liberty to approach the high court of Delhi, thereafter the petitioner filed the writ petition in Delhi high court seeking orders to respondents Delhi Development Authority, SDMC, for demolition against the properties in Mehrauli area of Delhi as illegal construction and in utter violation of the provisions of The Delhi Municipal Corporation Act, 1957, also Photographs of the illegal Construction were attached with the petition, on which Delhi High Court dismissed the petition with the cost of 10K.
Delhi High Court had held, “that illegality or otherwise of the construction cannot be decided on the basis of the annexures and photographs annexed with the petition. The legality or otherwise of the constructions in question can be decided by leading cogent and convincing evidence before the trial court, this is not a public interest litigation. This is blackmailing type of litigation.”
Read the order here;7580_2020_34_15_22073_Order_18-May-2020
-India Legal Bureau