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Judgment
D.N. Patel, CJ
C.M.No.55/2020 (exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 18/2020
This Public Interest Litigation has been preferred with the following prayers:
“i) Issue an appropriate writ thereby directing the Respondents to take action against the concerned officials who have allowed the
illegal/unauthorised construction on the following properties:-
A) Property / plot, adjoining to the Plot No. B-14 (A to Z Medical Store), Opposite Goyal Medical Store, Main Loni Road, DeIhi-32;
B) Property /plot, adjoining to the Plot No. B-15 (Maa Durga Telecom), West Jyoti Nagar, Loni Road, Delhi-32;
C) Property /plot bearing no. C-73 (Area 200 Sq. Yds. Approx.) Gali No. 7, West Jyoti Nagar Extension, Delhi;
ii) Issue an appropriate writ thereby directing the Respondents to remove the illegal encroachment /constructions on the aforesaid land earmarked for
Public Park and Road in the area of West Jyoti Nagar, Loni Road, Delhi -32.â€
Having heard the learned counsel appearing for both the sides and looking into the facts and circumstances of the case, it appears that there are
allegations about the illegality or otherwise of the construction at the places mentioned hereinabove in the prayer clause.
We, therefore, direct the respondents to decide the legality and otherwise of the construction in question in accordance with law, rules, regulations
and Government policy applicable to the facts of the present case, after giving an adequate opportunity of being heard to the owner/occupier of the
super structure. If the respondents come to a conclusion that the construction in question is illegal, immediate action would be taken by them for
demolition of the same.
With the aforesaid observation, this writ petition is hereby disposed of.