VIRAHT SAHNI Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioners have approached this Court inter alia seeking a direction to the respondent no.1 for removal of an unauthorized construction just outside their house/property bearing No. B-72, Defence Colony, New Delhi. The petitioners submit that the structure in question is a raised platform around a tree, which platform is painted orange and some idols and photographs of Hindu Gods and Goddesses have been placed thereon, photographs of which have been annexed as Annexure P-1 to the present petition.

(2.) The grievance of the petitioners is that the aforesaid illegal construction not only amounts to encroachment but is also causing nuisance by allowing congregation of various elements indulging in unlawful activities behind the said structure, which according to the petitioners poses security hazards not only to them but also to the public at large. It is the petitioner's case that the respondent no. 1 has been negligent in discharging its duties and despite various representations made by them, the said respondent has failed to free the public land from the said encroachment.

(3.) On the last date, keeping in view the petitioner's plea that the encroachment was not even a religious structure where any prayers were being offered, this Court had directed the SHO of the area to file a report regarding the number of visitors, to the site in question with details of offerings, if any being made by them to the idols on the site.