Courts Update Delhi High Court rejects PIL for demolition of 13...

Delhi High Court rejects PIL for demolition of 13 ‘illegal’ Sarai Rohilla properties with Rs 50,000 cost

-

New Delhi Sept 25(ILNS): The Delhi High Court, earlier this week, refused to entertain a plea alleging construction of illegal and unauthorized super-structures in the Sarai Rohilla region of the nation’s capital.

The Division Bench comprising Chief Justice D.N Patel and Justice Amit Bansal, while noting that the petition has been filed without proper homework, only on the basis of the information received from passers-by, the Court dismissed the petition with a cost of Rs.50,000. 

Filed by a society named- ‘Fight For Right Social Welfare Society’, the plea pointed out a list of 13 illegal properties located at Sarai Rohilla, and thereby, prayed for demolition of the alleged illegal and unauthorized properties. The plea further sought for directions to book the unbooked illegal and unauthorized construction. In addition, the plea prayed for disciplinary or legal action against those corrupt officials who are protecting such illegal and unauthorized encroachment. 

The Bench raised a query in respect of the source of knowledge to claim illegality in construction of the said properties, the Counsel for the petitioner society responded that they were informed about the same by persons living in the surroundings of such constructions.

While terming the answer as an “evasive” one, the Bench underscored that it is a “blackmailing type of litigation” and not a Public Interest Litigation. 

Furthermore, the Bench enquired from the Counsel for the petitioner society if any information has been received in respect of the said properties under the Right to Information Act, 2005, upon which he answered in the negative.

The Bench stated thus: “The Petitioner has filed this petition without proper homework and only on being informed by some persons who are moving on the road. This is not a method in which Public Interest Litigation can be filed by the Petitioner.”

“It ought to be kept in mind that whenever any superstructure is to be demolished, even if it is illegal in nature, the Petitioner ought to have joined owners/occupiers of the superstructure as a party Respondent. No construction can be demolished without hearing the owners/occupiers of the superstructure. In the facts of the present case, this Petitioner has not joined any owner/occupier of the superstructure in question which this Petitioner wants to be demolished,” the Bench added further./ILNS/KR/SNG

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Delhi court grants anticipatory bail to Samastipur MP Prince Raj in a rape case

New Delhi Sept 25(ILNS): A Delhi court on Saturday granted anticipatory bail to Samastipur Lok Janshakti Party...

Supreme Court to hear Tamil Nadu election body plea for more time to hold polls in 9 new districts

New Delhi Sept 25(ILNS): The Supreme Court on Monday will continue its hearing in a plea filed...

Allahabad High Court on Monday refused to grant bail to Mukesh Khurana, promoter of Noida-based Rudra Group.

Allahabad Sept 25(ILNS): Allahabad High Court on Monday refused to grant bail to Mukesh Khurana, promoter of...

Supreme Court dismisses SCAORA plea with directions regarding the period of limitation in all proceedings before courts/Tribunals

New Delhi Sept 25(ILNS): The Supreme Court on September 23, while recalling its suo motu order dated...

Delhi High Court rejects PIL for demolition of 13 ‘illegal’ Sarai Rohilla properties with Rs 50,000 cost

New Delhi Sept 25(ILNS): The Delhi High Court, earlier this week, refused to entertain a plea alleging...

Allahabad High Court issues notice to selected candidates in PCS special recruitment 2018

Allahabad Sept 25(ILNS): Allahabad High Court issued notice to the selected candidates on a petition challenging the...

Must read

You might also likeRELATED
Recommended to you