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Taking note of the assurance given by the MCD, Union of India and Delhi Police that all possible steps were being taken and the rescue operation was being conducted in full swing, the Court expressed the hope that the efforts would be doubled so that human lives could be saved.
Delhi High Court emphasised that redevelopment of these non-conforming industrial areas was essential not only for providing proper infrastructure but also for eliminating waterlogging and preventing untreated sewage from entering the Yamuna.
“In view of the interest of environmental protection and the area being ecologically sensitive, all types of commercial/religious activities for any purpose whatsoever shall be restricted from the said area.”
The core issue in the case was the ongoing unauthorized construction at a property in Gali No. 9, Chuna Mandi, Paharganj, Delhi. The petitioner sought court directions to halt the illegal activity and ensure enforcement.
The Court upheld the appointment of ten aldermen to the MCD by the Lieutenant Governor without consultation of the State Cabinet.
The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.
“The magnitude of the problem is humongous, which has been compounded by the abject failure of the concerned authorities and the respondents to take timely action, despite repeated directions of this Court.”
No reasonable body of persons or a prudent government or public body can overlook such glaring aspects that a person who is a defaulter of such enormous public money can be recognised to even continue to be a contractor irrespective of its existing contracts which are lucrative toll contracts awarded by public bodies / Governments. Would it not amount to a daylight fraud on the public exchequer ?
“The decision to introduce a system implemented for enhancement of hospital administration is rooted in improvement of overall healthcare services to citizens of country. Employees are expected to align with these measures, recognizing linkage between compliance and smooth functioning of essential public services.”
“Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the Protection of Children Against Sexual Offences Act, 2012, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.”
Supreme Court said that the civil suit filed at the instance of the respondents for taking possession of the subject land is pending for the last 32 years and has not started its journey yet, this is called the travesty of injustice to a person who is indisputedly the title holder and still unable to enjoy the property.
The entire trajectory of this case must be deprecated. When a principle challenge against the termination fails and while an appeal is pending, one distress warrant is challenged in Delhi only to be allegedly later withdrawn and other distress warrants are now brought before this Court.