The Delhi High Court recently took a serious view in a matter against unauthorized construction and asked the petitioner to file an affidavit to show his own house is constructed as per plan. The petitioner, Ravinder Yadav, has approached the court seeking revival of a contempt case which was disposed in July 2023 with directions to deal with the issue of unauthorized construction.
Justice Dharmesh Sharma asked the petitioner to file an affidavit to disclose whether there is any unauthorized construction in the house of the petitioner and whether the construction of house is as per the sanctioned plan. During the hearing, counsels for the respondents MCD and PWD submitted that action has been taken pursuant to the directions of this court from time to time.
They seek time to file a status report in this regard. The bench has listed the matter for hearing on November 12, 2024.Meanwhile in order to inquire whether or not the process of law is being abused, the bench has directed the petitioner to file an affidavit mentioning details of his occupation and education; source of his income & earnings with copies of bank accounts maintained by him for the last one year; information be furnished regarding the number of petitions that have been filed by the petitioner in the past in any Court of Law in the nature of Public Interest Litigations ["PIL"] or otherwise.
The bench has also asked to furnish information as to in how many matters he has withdrawn prosecution or has settled the matters with the opponent parties, which as per him, raised or intended to raise/carry out unauthorised construction and/or encroachment on any public land.The High court has also asked to mention the distance between the house of the petitioner and the house where unauthorized construction is alleged. It also asked that whether the petitioner has any dispute with the respondent party who is alleged to be raising or interested in raising alleged unauthorized construction.
"The status report by the respondent as well as affidavit by the petitioner be filed within four weeks from today," Justice Sharma ordered on July 9. In the year 2022, the Petitioner had moved petition seeking contempt proceedings of the order dated November 30, 2021.On November 30, 2021, the High Court passed an order and had directed the Municipal authorities as well as the police to remove structures obstructing the right of way at circular roads Najafgarh and connecting roads at Baba Haridas Nagar, the order July 20, 2023 noted.
On July 20, 2023, Police further stated that they are continuously following the orders of the Court and removing the structures obstructing the right of way. The High Court had directed that the respondents shall ensure that there are no structures obstructing the right to way, and in addition, as and when the petitioner reports any/of encroachment/illegal and unauthorized construction in any of the areas, to the SHO of Najafgarh and Baba Haridas or the concerned municipal, person, they will take immediate action, as per law. In case, the petitioner is still aggrieved, he shall be at liberty to revive the contempt petition. In view of the liberty granted on July 20, 2023, the petitioner has moved to Delhi High Court to revive the contempt petition.