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It was evident that the present issue exceeded simple seepage or dampness. An ordinary person cannot be expected to detect structural defects in their balcony. Notably, the Flat Resident Association has repeatedly alerted the DDA of poor construction quality and substandard materials, but their concerns were consistently ignored.
The Court asked DDA to ponder over what they have done to this city in terms of providing recreational activities open to all and how they intend to make Delhi a ‘Smart City’.
The Court stated that JJ Basti/cluster in question was not a notified JJ Basti as per DUSIB list of 675 Notified JJ Basti’s in Delhi, which further clarifies that the residents of the appellant-union are living illegally
“Lord Shiva does not need our protection; rather, we, the people, seek his protection and blessings. There could be no iota of doubt that Lord Shiva would be happier if the Yamuna Riverbed and the flood plains areas are cleared of all encroachments and unauthorized construction.”
Since the Petitioner made an inexplicable delay in filing the petition for reallocation of land by DDA after receiving license fee, the petition deserves to be dismissed on account of delay and laches.
“A public notice dated 4-3-2024 is pasted in the area asking the residents of the Pakistani Hindu Refugee Camp to vacate the place by 6-3-2024, failing which Delhi Development Authority will demolish their Camp.”
“The petitioner submitted that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest. Further, the sites in question have been noted in authoritative studies, thus eliminating any question of encroachments.”
The Delhi High Court held that the Delhi Land Reforms Act, 1954 would not be applicable to the land which had lost its character as an agricultural land and was declared an urbanized land in view of the notifications passed by the Delhi Development Authority and Ministry of Urban Development.
The Delhi High Court had dismissed a petition against the removal of ‘unauthorized encroachers’ from the Mehrauli Archaeological Park area while recording that religious structures as well as graveyards will not be demolished in the process.
It is travesty of justice that an institution contributing for noble cause being that of running a charitable hospital on a public land and providing for sound research and treatment facilities has been made to suffer the rigors of cancellation of the Lease Deed and vacation of the property. Being a constitutional court and the conscience-keeper of the democracy, this Court cannot lend a blind eye when the ends of justice are being bulldozed in broad daylight.