Plea Against Unauthorized Construction Requires Leading Of Evidence, Can't Exercise Writ Jurisdiction: Delhi High Court

"We will not decide unauthorized construction in writ jurisdiction. It involves lengthy hearings, evidences, etc.," the Division Bench of Chief Justice DN Patel and Justice Jyoti Singh orally remarked on Thursday.

The petition was filed by one Satender Singh against alleged encroachment of a land owned by the Delhi Development Authority and unauthorized construction on the same.

After hearing Advocate Pradeep Mishra for the Petitioner, the Court said,

"Having heard the learned counsel for the Petitioner and looking at the facts and circumstances of the case, it appears that this is matter about encroachment upon property as stated in the memo of the petition.

We therefore direct the concerned authority to decide the complaints preferred by the Petitioner in accordance with law, rules, regulations and government policies applicable to the facts of the case, after giving adequate opportunity of being heard to the owner/ occupier of the superstructure in question and on the basis of evidences on record, as expeditiously as practicable and possible, preferably within 8 weeks."

Also Read: "Blackmailing Type Of Litigation": Delhi High Court Dismisses PIL Against Alleged Unauthorized Construction With 50K Cost

The Court has also granted liberty to the Petitioner to prefer appropriate proceedings before the appropriate forum in case of any further grievance.

Advocates Abhinav S Aggarwal and Arpita appeared for Respondents.

Case Title: Satender Singh v. DDA & Ors.