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!l- HIGH COURT OF DELHI
Date ofDecision: 09.08.2019
SOLIL CHATTERJEE AND ORS. Petitioners
Through: Mr. Kailash Vasdev, Sr. Adv. with Ms. Ekta Mehta, Mr. Shreyans, Singhvi, Ms.Nayantara & Ms. Limayinla Jamir, Advs.
Through: Mr. Gautam Narayan, ASC (GNCTD) with Ms. Shivani Vij & Ms, Dacchita Shahi, Advs. for GNCTD .
Mr. R^ivHans%^r:Adv. with MnG:S.Sistani, Ms. Parul PahfhI/&;Mr. Prateek Kumar, Advs. for
DDA/R.2 .
Mr. Parviner Chauhan, Standing Counsel with Mr.Nitin jaih,,Adv. for DUSIB
Mr. Jasmeet.Singh, CGSC for UOI Ms. Archaaa; Shanni-Adv. for MCD
Mr. Aman'i^anwaF,:.AdV. for R-13 & R-14
HON'BLE MR. JUSTICE C.HARI SHANKAR.TUDGMENT D.N. PATEL, CHIEF JUSTICE ( ORAL)
JUDGMENT
1. We have heard the learned Senior Counsel for the petitioner at length, who has submitted that despite several orders passed by this Court, there is no removal of the unauthorized aAd illegal encroachments at Aravalli -Rage t of[3] W.P.(C). 11054/2017 2019:DHC:7502-DB Biodiversity Park at Muradabad Pahari Forestand South Centralridge.
2. Several affidavits have been filed by the respondents and they have submitted that initially there were 700 jhuggies/jhopries in which 4000 persons were staying. These affidavits were filed much earlier in point of time and by now there must be several additions to the unauthorize constructions and it is submitted by the learned Senior Counsel for the petitioner that thejhuggies/jhopries have now been converted into buildings oftwo/three storied in nature in the forest area.
3. Learned Senior Counsel appearing for the petitioner further submits thattime and again directions have been given by this Hon ble Courtforthe removal ofthese encroachments but continuously and slowly the survey is goingon atthe handsofthe respondents which willnevercometo an end.
4. We have heard the counsels foftheTespondents, more particularly, respondent No.2 and it is submitted that after the final survey is over,the actions will be initiated in accordance w|th'law.
5. - We have also heard counsel appearing for respondent Nos.l[3] and 14, - who has submitted thatthe survey carried;0:ufby the other respondents hasto be putin public domain to invite objections,ifany,and even otherwise also thejhuggies/jhopries are duly protected under.National Capital Territory of Delhi Laws(Special Provisions)Act,2011 '
6. In view ofthe facts and circumstances ofthe case and looking intothe counter affidavits filed by the respondents,we hereby directthe concerned respondents, more particularly, respondent Nos. 1, 2, 3, 6, 7 and 8 to remove the'unauthorised constructions at Aravalli Biodiversity Park at Muradabad Pahari Forest and South Central ridge area of New Delhi in accordance with law,rules,regulations and Governmentpolicy applicableto the facts ofthe present case after giving an adequate opportunity ofbeing Page2of[3] W.P.(C)11054/2017 heard to the owners/occupiers ofthe superstructure, as early as possible and practicable.
7. The respondents will keep in mind the nature of the construction, photographs of which are at page 163 of this memo of this writ petition, which apparently appears-to be tWd/three storied building. We also direct the concerned respondent authority to provide necessary and sufficient police staff for the removal of the encroachment and for protection ofthe officers, who are taking action for the removal of the above stated encroachments,as and when required. 8.. With the aforesaid observatioUjthis writ petition stands disposed of. CM APPL.45218/2017(Slav)& CM APPL.27358/2018(Directions)
9. In. view of- the order passed in W.P.(C) 11054/2017, these applications stand disposed of.
CHIEF JUSTICE C.HAR KAR AUGUST 09,2019 ns