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High CourtsDivision Bench(2021) 02 DEL CK 0204

Court Of Its Own Motion vs Union Of India, Ministry Of Urban Development & Ors

Delhi High Court · Decided on 5 February 2021

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, CJ · Jyoti Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 4035 Of 2020, Civil Miscellaneous Application No. 24014 Of 2020

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Judgment

19 paragraphs · 336 words

D.N.Patel, CJ

1.

Suo motu proceedings were initiated by this Court on account of two video clips, which were being circulated on social media, vide our order dated

08.07.2020. The matter concerns unauthorised constructions in Sanjay Van Area near Vasant Kunj, New Delhi.

2.

Pursuant to the said order, detailed counter affidavit/Status Report dated 27.07.2020 has been filed by Delhi Development Authority (DDA),

relevant part of which is extracted hereinbelow:

“2(i) A physical survey of Sanjay Van was carried out by the DDA on 20/07/2020. There are a total of 77 Mazars in Sanjay Van

occupying approximately 796.35 sq. mtrs. The dimensions of the Mazars vary from 2m x 1m (approx..) to 2.5m x 1.5 (approx). All of the said

Mazars are old existing structures. The details of the Mazars with Geo Coordinates are enclosed at Annexure-A.

2(ii) 7 other structures i.e. Mandir, Id Gah, Kabristan, Dargah etc. are located in Sanjay Van in a total area of 27809.30 sq. mtrs. The

details of such structures with Geo Coordinates are annexed as Annexure-B hereto.

2(iii) Aerial survey with the help of aero-drones cameras was carried out on 20.07.2020, in the presence of DDA and Delhi Police Officers.

The CD containing the aerial survey, would be filed before this Hon’ble Court if so directed. In any event, the aero survey has

crystallized the position as on 20.07.2020.â€​

3.

Status Report and the records filed by the DDA indicate that an Aerial survey was conducted and no new construction activity was visible. The

buildings as per the Survey are old existing structures.

4.

We are satisfied with the action taken by the DDA at this stage. We, however, direct the DDA to ensure that no unauthorised construction is

permitted in the area in question being Sanjay Van, Vasant Kunj, New Delhi. DDA shall continue with the Aerial Survey of the area at regular

intervals and the reports shall be docketed in the records.

5.

With these observations the writ petition, along with accompanying application, is hereby disposed of.