LAGAAM v. Govt of NCT of Delhi

Delhi High Court · 14 Sep 2021 · 2021:DHC:2876-DB
D.N. Patel; Jyoti Singh
W.P.(C) 10171/2021
2021:DHC:2876-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed authorities to consider and act on the petitioner's complaint regarding encroachments on pedestrian pathways in a time-bound manner in accordance with law.

Full Text
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W.P.(C) 10171/2021
HIGH COURT OF DELHI
Date of Decision: 14th September, 2021
W.P.(C) 10171/2021
LAGAAM ..... Petitioner
Through Mr. C.S. Prasher, Advocate
VERSUS
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through Mr. Santosh Kumar Tripathi, Standing Counsel, GNCTD with Mr. Arun Panwar and Mr. Siddharth Krishna Dwivedi, Advocates for R-1 and 3.
Mr. Sanjeev Sagar, Standing Counsel with Ms.Nazia Parveen for NDMC/R-4
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)

1. Present Public Interest Litigation has been preferred seeking the following reliefs:- “(i) Issue writ/s or order/s or direction/s in the nature of mandamus or any other appropriate writ directing the respondents to take immediate and effective steps for removal of all sorts of encroachments, unauthorised temporary and permanent constructions on the pavements, footpaths and roads meant for the pedestrians and on both sides of the roads namely: 2021:DHC:2876-DB a. A road starting from H-1 and H-3 blocks going up to Sarvodaya Kanya Vidyalaya T-point approximate length 1000-1200 mtrs approx. b. The Shani Bazaar Road upto Indira Park approximate length 500-600 mtrs. c. The road from Indira Park to Bus Stand of bus route no. 908 length 1200-1500 mtrs approx. Any other or further order that may be deemed just and proper in the facts & circumstances of the case may also be passed by the Hon'ble court in favour of the petitioner and against the respondents in the interest of justice and equity.”

2. We have heard the learned counsels appearing on behalf of the parties and have looked into the facts and circumstances of the case. Petitioner herein seeks necessary direction to the Respondents to take effective steps for removal of alleged encroachments and unauthorised constructions on the pavements, footpaths and roads, as detailed in the body of the writ petition as well as in the prayer clause.

3. At the outset, learned counsel appearing on behalf of the Petitioner submits that a complaint dated 05.07.2021 (Annexure P-4 to the memo of this writ petition) was made by the Petitioner to the concerned Authority and thus, a suitable direction be issued to decide the complaint/representation preferred by the Petitioner, in accordance with law, within a time-bound frame.

4. In view of the aforesaid limited submission, we hereby direct the concerned Respondents Authorities to look into the grievances ventilated by the Petitioner in the complaint/representation dated 05.07.2021 and take necessary action, in accordance with law, Rules, Regulations and Government policies, applicable to the facts of the case. This exercise shall be completed as expeditiously as possible and practicable.

5. With these observations, present writ petition is disposed of.

CHIEF JUSTICE JYOTI SINGH, J SEPTEMBER 14, 2021