M/S Atul Vatika Dev Pvt Ltd v. Varun Tiwani

TUSHAR RAO GEDELA, J NOVEMBER 3, 2023 N.Khanna

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 03.11.2023 % W.P.(C) 11646/2023 & CM APPL. 45465/2023 MS. SABIHA PARVEEN ..... Petitioner Through: Mr. Hemant Chaudhary, Adv with Petitioner in person. versus GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondent Through: Mr. Santosh Kumar Tripathi, SC, GNCTD with Mr. Arun Panwar, Mr. Pradyumn Rao, Mr. Utkarsh Singh, Mr. Kartik Sharma, Ms. Prashansa Sharma, Mr. Rishabh Srivastava, Advocates. Mr. Manish Srivastava, Mr. Yash Srivastava and Mr. Santosh Ramdurg, Advocates for BSES. Mr. Ashutosh Gupta, ASC with Mr. Arman Monga, Advocates for MCD. Mr. Sanjay Vashistha, Mr. Vishal Kumar, Advocates for R-3. Mr. Jai Sahai Endlaw, Advocate for R-5. SI Sonal Raj, PS Daryaganj Mr. Sher Singh, Delhi Fire Service. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The Petitioner before this Court has filed the present petition under Article 226 of the Constitution of India as a Public Interest Litigation ("PIL") seeking for the following reliefs: "a) Issue a writ of mandamus or other Suitable writ under Article 226 of the Constitution of India directing the Respondents No. 4 for immediate removal / sealing of Illegal and unauthorized construction in the afore mentioned eight properties allowed after by passing all laws and bye laws by the Respondent no. 4 & 5 in connivance with builders. b) Issue a writ of mandamus or other suitable writ under Article 226 of the Constitution of India directing the Respondents 2 for immediate sealing of structure in the form of unauthorized illegal construction /structure running Hotels at two sites (i.e., properties no. 7 & 8) in Darya Ganj / Old Delhi - Jama Masjid without having necessary permission from government authorities and Fire clearance / NOC from respondent no. 2. c) Issue a writ of mandamus or other suitable writ under Article 226 of the Constitution of India directing the Respondent No. 6 for immediate removal electricity connections installed at Illegal and unauthorized construction in the afore mentioned eight properties allowed after by passing all laws and bye laws. d) Issue a writ of mandamus or other suitable writ under Article 226 of the Constitution of India directing the Respondents to file the status report pertains to the illegal and unauthorized construction, and grant of electricity connections etc. e) Issue any other further order(s) or direction as this Hon'ble Court deem fit and appropriate on the facts and in the circumstances of this case. " 2. The Petitioner in paragraph 1 of the writ petition has stated "That the petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for any other person/ institution/ body/ and that there is no motive other than of Public Interest in filling the writ petition." 3. The averments made in the writ petition are duly supported by an affidavit of the Petitioner Ms. Sabiha Parveen and paragraphs 3, 4 and 5 of the affidavit read as under: "3. That I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof. 4. That petitioner has no personal interest in the litigation and neither myself nor anybody in whom, the petitioner is interested would in any manner benefit from the relief sought in the present litigation save as a member of the General Public. This petition is not guided by selfgain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition. 5. That I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/ material which was available and which was relevant for this court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material /information which may have enabled this court to form an opinion whether to entertain th