VISHANATH PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred this writ petition which is in the nature of Public Interest Litigation. Me knocks the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Although a number of reliefs are prayed in the writ petition, these can be compartmentalised in twin categories i.e. (i) First prayer is for cancelling of lease of 4.7 acres of prime property in the Siri Fort Institutional area granted by Delhi Development Authority/Respondent No.2 in favour of M/s.Asiad Tower/Jhankar Banquet (Respondent No.5). Although at the time of arguments it is the construction activity in that vicinity by respondent no.5 which was the plank of attack, (ii) Second, relief relates to unauthorised building of a palatial Officers Club of DDA in the same 'area and prayer is made that it should not be used as a club or be not allowed to be rented for marriages and parties.

(2.) The main concern of the petitioner is to protect the historically important Siri Fort wall existing in that area which is declared a protected monument. In that context the construction activities by respondent no.2 & respondent no.5 are challenged as illegal. As a sequitur, the petitioner also demands that the Archcological Survey of India (ASI) should be directed to lake all adequate steps to protect this heritage.

(3.) The petitioner has alleged that the lease, given to Respondent No.5 solely for commercial purposes is in violation of various laws, it is granted for a meagre amount of Rs.2.18 crores whereas the actual land rates in the area would be several times over. We may mention at this stage that although a prayer is made to the effect that an enquiry be ordered into this aspect as to how the lease-, was given for such a paltry amount, this aspect was not argued at the time of hearing of the case.