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Judgment
D.N. Patel, CJ
CM No. 8788/2020 (Exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 2507/2020
The present Public Interest Litigation has been preferred with the following prayers :
“Under facts are circumstance of the case it is most respectfully prayed that your lordship may kindly graciously be pleased to order to
stop illegal construction in the park which are illegal, arbitrary, discriminatory, unjust, unwarranted and without jurisdiction and in
violation of master plan 2021, that no construction allowed in any park. CNG/IGL never be allowed in any park. CNG/IGL is allowed in
every zone of industrial area other than residential area. Following certificates may kindly be put up before the Hon'ble court and a copy
of the same to the petitioner: -
Put up approval Certificate of L.G. Delhi, regarding CNG in the park.
Put up permission the Change of use of land for GNC in the Park.
Put up tree cutting permission, Pollution control permission and Fire department NOC.
To put up before the Hon'ble Court, Copy handing our land from MCD to DUSIB.
Modification of the lay out plan.
Consent of the residents of the colony, since this the developed colony.
Lay out sanction plan of CNG and petrol pump. 8.' Order of Hon'ble Court for police protection.
Demarcation of land with map of CNG. And petrol pump.
Otherwise who shall be responsible in the event of unwanted happening at the Petrol pump at Rajiv Gandhi park, nr. Flyover Mangol Purl,
Delhi 83 being established attached residential area which should be established in industrial area.â€
Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that several grievances have
been ventilated by this petitioner about the so called illegal constructions at Rajiv Gandhi Park, near Flyover Mangol Puri, Delhi-83.
The legality or otherwise of the alleged illegal construction cannot be proved with the help of annexures and bare assertions. Cogent and convincing
evidences are required to be led before the concerned authority or before the competent Trial Court.
In view of these facts, we hereby direct the concerned respondent authority to ascertain the legality or otherwise of the alleged illegal construction.
If the construction is found to be illegal, after giving an adequate opportunity of being heard to the concerned parties, the same shall be demolished
or removed in accordance with law, rules, regulations and Government policy as early as possible and practicable.
With these observations, this writ petition is hereby disposed of.
CM No. 8789/2020
In view of the disposal of the writ petition, this application also stand disposed of.