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HIGH COURT OF DELHI
Date of Decision: 03.02.2020
POOTHAKALAN MOHAMMEDEN WELFARE ASSOCIATION DELHI (REGD.) ..... Petitioner
Through: Mr. S.P. Sharma, Adv.
Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Himanshu Pathak, G.P., Ms. Anubha Bhardwaj, Mr. Jatin Teotia & Mr. Abhishek Yadav, Advs. for UOI/R-1
Mr. Akhil Mittal, Standing Counsel with Ms.Affifa Atiq, Adv. for R-7
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
Allowed, subject to all just exceptions.
Application stands disposed of.
1. This so-called Public Interest Litigation has been preferred with the following prayers: “a. Issue a writ of mandamus or any other appropriate writ, order or direction for removal or entire shops/squatting or any 2020:DHC:757-DB kind of encroachment over the public land i.e. pavement/footpath of the side wall of the Qabristan/Graveyard as well as road of Sultanpuri, Delhi. b. This Hon’ble Court is further prayed to pass any other and further order as may be deemed fit and proper in the circumstance of the case in the interest of justice.”
2. Having heard the learned counsel appearing for petitioner and the counsel for respondent Nos.[1] and 7, it appears that the petitioner is in search of an order for removal of shops and encroachments but the owners/occupiers of the shops have not been joined as party respondents. Thus, without hearing the owners/occupiers no such order can be passed for removal or demolition of the shops. Moreover, the illegality in the nature of construction cannot be adjudicated upon in a writ petition on the basis of annexures. Proper, cogent and convincing evidences are required to be led before the concerned trial court and that too after joining the concerned persons as party respondents. Thus, we see no reason to entertain this writ petition and therefore the same is dismissed.
CHIEF JUSTICE C.HARI SHANKAR, J FEBRUARY 03, 2020 ns