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Judgment
This application seeks direction for action against unauthorized encroachers on Ridge land/Kamla Nehru Park Delhi-110007. According to the applicant, 28-30 persons have illegally encroached the Ridge land for tent house business and some have set up pucca jhuggies (huts) with bathroom. They have criminal background and also have taken electricity connection. The huts were earlier demolished in 1993-94 but the same have been again constructed.
We have heard learned Counsel for the applicant. Neither the alleged encroachers are parties before the Tribunal nor is the date of encroachment mentioned to ascertain whether the application is within the prescribed limitation. Learned counsel states that it is not possible to get particulars of the encroachers.
Question is whether without hearing the affected parties and knowing the date of cause of action, the Tribunal can pass orders. We find it difficult to do so. The Tribunal is not a substitute for governance.
If there is any violation, the applicant must first approach the concerned authorities in the first instance. Further, for taking the matter in public interest, the applicant must ascertain facts instead of filing application without particulars, based on omnibus allegation of law violation.
In view of above, the application cannot be entertained but this order will not debar the applicant from taking appropriate remedies before the concerned authorities or at any other appropriate forum, in accordance with law.
The application is disposed of accordingly.
