Delhi High Court rejects plea to encroach, says cannot risk residents' right to life

New Delhi: The right to life of residents of the national capital cannot be put at risk by allowing activities like encroachments, which could lead to insanitary conditions, the Delhi High Court has said.

The ruling by a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar came while dismissing a plea seeking review of the high court's 16 May order declining to stay demolition of some structures at Amir Khusro Park next to Sundar Naga.

The review plea was moved by some persons who were living inside the park and claimed to be the descendants of past caretakers of a shrine.

Terming the review petitioners as "interlopers", the court has said it was "clearly evident" that these people had encroached over the park in which they have no right, title or interest.

Representational image. AFP

Representational image. AFP

"The same is completely impermissible," the bench has said which noted that there were no sewage or sanitation facilities on the land in question and if habitation was permitted in the park there would be huge issues of garbage as well urination and defecation in the open area.

"No court can permit the lives of the lawful residents in the surrounding areas, as well as of the visitors to these monuments which are of international repute, to be imperiled. It is our constitutional duty to ensure that the right to life of all residents of Delhi is not imperiled if activity which would lead to increase of insanitary conditions as well as breeding of mosquitoes carrying dangerous diseases is continued or permitted," the court has said.

The bench also noted that there were complaints against review petitioners of indulging in land grabbing and also committing fraud by renting out portions of the land apart from carrying out commercial activity at the park.

"Unfortunately, the authorities or local police have failed to comply with the court orders. The police has also failed to conduct any investigation into the gross illegalities at the spot or to ensure compliance with the law," the court has said in its order dismissing the review plea.

It has directed the DCP, south-east district as well as the Station House Office of the police station concerned to investigate the complaints of fraudulent and criminal activities and to proceed in accordance with law against the persons found culpable for the illegal acts.

The court directed the police to file a status report within eight weeks regarding its investigation and listed the
matter for further hearing on 24 July.

Updated Date: Jun 06, 2017 17:14 PM

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