LAWS(DLH)-2014-8-259

BSES RAJDHANI POWER LIMITED Vs. SUB DIVISIONAL MAGISTRATE

Decided On August 05, 2014
BSES RAJDHANI POWER LIMITED Appellant
V/S
SUB DIVISIONAL MAGISTRATE Respondents

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, inter alia, making the following prayers: -

(2.) THE petitioner is aggrieved by an order dated 19.11.2013 (hereinafter referred to as the 'impugned order') passed by respondent no.1, whereby the petitioner was directed to remove the building situated at Badarpur, Mathura Road, New Delhi as being unauthorised, illegal and an encroachment on a public road - old Mathura Road. The said building houses the complaint -cum -bill collection centre of the petitioner.

(3.) THE learned counsel for the petitioner further contended that around one million consumers are being serviced from the building in question and it would not be in public interest to demolish the same without providing the petitioner with an alternate land or building. The petitioner further contends that the demarcation report was not supplied to the petitioner. It is contended that the structure in question was built over three decades ago and it must be presumed that the same was in accordance with law.