SATSANG COMMITTEE NIZAMUDDIN REGD Vs. LT GOVERNOR

JUDGEMENT

(1.) For order see CWP No. 3594/94 titled Nizamuddin East Colony Association and others Vs. Delhi Development Authority and others. Civil Writ Petition No. 3594/94 Nizamuddin East Colony Association & Ors. Vs. Delhi Development Authority & Ors. Appearances: Mr. Virender Negi, Advocate for the Petitioners. Mr. H.S. Phoolka, Sr. Advocate with Mr. Israel Ali, Advocate Mr. Anil Grover, Advocate for MCD Ms. Anusuya Salwan, Advocate for DDA. DEVINDER GUPTA, J. (Oral) This order will be a common order in CW 3594/94 and CW 4113/99.

(2.) The menace of encroachments on public land has reached alarming proportions. Any excuse for the same seems to be good enough. The misuse and encroachment of public land under the garb of performing religious rites is one such mode and in the present petitions we are concerned with the same.

(3.) Nizamuddin (East) colony was set up on the southern side of the metropolitan city of Delhi. Civil Petition No.3594/94 was filed by Nizamuddin(East) Colony Association and others aggrieved by the failure of public authorities in performing their statutory duties with regard to the stoppage of illegal encroachment and land-grabbing on the park situated in 'B' block of the colony abutting the buildings bearing municipal nos. B-10, B-11, B-26 and B-32, East Nizamuddin and for directions to the respondents to demolish illegal structures and to restrain further illegal land-grabbing. Petitioner no.1 is a voluntary organisation of the residents and registered as a Society under the Societies Registration Act, 1860. DDA and MCD have been arrayed as respondents 1 and 2. It is stated in the petition that in April 1994 certain anti-social elements and land grabbers had encroached upon a part of the park. This petition has been pending now for almost 7 years.