Shahid Ali & Anr. v. Union of India & Ors.

Delhi High Court · 04 Dec 2019 · 2019:DHC:6629-DB
D.N. Patel; C. Hari Shankar
W.P.(C) 7545/2017
2019:DHC:6629-DB
constitutional appeal_dismissed

AI Summary

The Delhi High Court dismissed a PIL filed by a third party concerning Waqf Board properties acquired without compensation, holding that only the owner Board has locus standi to seek relief.

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Translation output
W.P.(C) 7545/2017
HIGH COURT OF DELHI
Date of Decision: 4th December, 2019
W.P.(C) 7545/2017
SHAHID ALI & ANR. ..... Petitioners
Through: Mr. Anwar Khalil, Adv. for petitioner no. 1
Mr. Tariq Adeeb, Adv. for Delhi Waqf Board/petitioner no. 2
VERSUS
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Jatin Teotia and Mr. Abhishek Yadav, Advs. for respondent no. 1
Mr. Rajneesh Kumar Sharma, Adv. for L & B Department
Mr. Naushad Ahmed, ASC (Civil) with Ms. Manisha Chauhan, Adv. for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 04.12.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
JUDGMENT

1. This Public Interest Litigation (PIL) has been preferred by the petitioner no. 1 for the properties belonging to petitioner no. 2 i.e. Delhi Waqf Board. Vide our order dated 11th December, 2017 Delhi Waqf Board was impleaded as petitioner no. 2. Learned counsel for the petitioner no. 2 submits that the properties, which are mentioned in this writ petition, have been acquired by the respondents under the procedure 2019:DHC:6629-DB W.P.(C) 7545/2017 of Land and Acquisition Act, but no compensation has been paid. It is further submitted by the counsel for learned petitioner no. 2 that writ petition has been drafted originally by petitioner no. 1; and petitioner NO. 2 was only impleaded as a party; hence, liberty may be reserved with the petitioner no. 2 to file a fresh proceeding with proper averments, allegations and annexures before the appropriate forum.

2. In view of the aforesaid facts, it appears that this petitioner no. 1 has nothing to do with the properties of Delhi Waqf Board/petitioner NO. 2, especially when the owner/petitioner no. 2 is vigilant. Hence, we see no reason to entertain this writ petition. Delhi Waqf Board is at liberty to initiate appropriate proceedings in accordance with law.

3. With these observations, this writ petition is dismissed.

CHIEF JUSTICE C.HARI SHANKAR, J DECEMBER 04, 2019 r.bararia