NAVIN BHATIA Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) THE present public interest petition was filed by the occupants of the area in the Yusuf Sarai/ Gulmohar Enclave Commercial Complex and the Community Centre occupants Association alleging illegal construction on plot No. 16, which was named as N-161, N-161/a, M-161 and B-161/4. The writ petition was filed praying for a direction to the respondents to stop the unauthorised and illegal constructions and seal the building which, as per the petitioners, has come up on acquired public land at Gulmohar Enclave Commercial Complex.

(2.) THE grievance of the petitioners is that at plot No. 16 of the Commercial complex, unauthorised constructions have come up without any sanctioned plan. It was alleged that the parking area in front of the said plot has also been encroached and a building has been constructed thereupon. As per the petitioners, on inquiry they found that the said plot is yet to be auctioned by the DDA, and the construction thereon is not only without any approval and therefore unauthorised, but also with the connivance of the concerned authorities, including the Police. The petitioners further allege that their representations/complaints in this regard to the concerned authorities have met with no result as the authorities have paid no heed to their complaints, and that they are also hand in glove with the encroachers. It is also alleged that an iron barrier erected by the petitioner association in order to stop the unauthorised construction and encroachments has also been removed by the encroachers with the help of the Police. Under these circumstances, the petitioners have approached this Court by filing this writ petition, praying for the aforesaid reliefs.

(3.) BY order dated 18th September, 1996 this Court noted that the main issues which arise for consideration in the present petition are:-