B. B. OBERAI Vs. STATE

JUDGEMENT

(1.) Vide the instant writ petition filed under Article 226 of the Constitution of India r/w. Section 482 Cr.P.C, petitioner has prayed for issuance of a writ of mandamus or any other writ, order or directions in the nature of mandamus directing the respondent no.1 & 2 to initiate appropriate department action against the respondent 3 to 5 for illegal demolition of part of property bearing no. B-66, Amar Colony, Lajpat Nagar, New Delhi i.e. house of the petitioner; directing the respondent no. 2 to lodge appropriate criminal complaint against the respondent no.3 to 5 and also to direct the respondent no. 1 to provide police protection to the petitioner and his family members.

(2.) It is submitted by Ld. Counsel for the petitioner that petitioner had constructed his house bearing no. B-66, Amar Colony, Lajpat Nagar, New Delhi as per the MCD Rules & Regulations in year 1959 and is residing there along with his wife Smt. Kailash Oberai. Respondent nos. 6, 7 & 8 are the residents in the same neighbourhood and respondent no. 6 and 7 are owner of the property bearing no. B-63 & B-64, Amar Colony, Lajpat Nagar, Delhi whereas the respondent no. 8 is the President of the Resident Welfare Association.

(3.) It is alleged that in the year 2012, the respondent no. 6 & 7 had extended their house from the back and front side by encroaching upon government land which blocked the back lane of the property bearing nos. B-63 & B-64, Amar Colony, Lajpat Nagar, New Delhi. Due to this encroachment, the lane has been narrowed down to a great extent creating a bottleneck. The respondent nos. 6, 7 & 8 have over constructed the area by occupying 110 square yards and have gone beyond their plot of 100 sq. and encroached upon the road and built four floors.