High CourtsDivision Bench(2017) 12 DEL CK 0446

Kabristan Intzamia Association And Ors vs State Of Ors.

Delhi High Court · Decided on 20 December 2017

HON’BLE JUDGES
Gita Mittal, J · C. Hari Shankar, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 11421 Of 2017, Civil Miscellaneous No. 46623, 46626 Of 2017

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Judgment

18 paragraphs · 233 words

Gita Mittal, J

CM Nos.46624-25/2017

Allowed, subject to just exceptions.

The applications are disposed of.

W.P.(C)No.11421/2017

1.

The writ petitioners claim that premised on the statement made by a Member of Legislative Assembly (MLA), the petitioners have started using

government land near Vipin Garden, Uttam Nagar, West Delhi-59 as a burial ground. No legal right is either pointed out or made out with respect to

the subject land. No person has any right to use any open land, especially government land, indiscriminately as a burial ground.

2.

The Sub-Divisional Magistrate (Dwarka) has considered all matters and passed a conditional order dated 1st August, 2017 under Section 133 of the

Cr.P.C. No illegality in the said order is pointed out or made out.

3.

All parties have to strictly abide by the law and the said order dated 1st August, 2017 passed by the Sub-Divisional Magistrate (Dwarka) in exercise

of powers under the Code of Criminal Procedure. The respondents shall take strict action for violation of the said order.

4.

This writ petition is dismissed in the above terms.

CM No.46626/2017

1.

By way of this application, the petitioners have sought condonation of delay in re-filing of the writ petition.

2.

This application is completely misconceived and is hereby dismissed.

CM No.46623/2017 (stay)

In view of the orders passed in the writ petition, this application does not survive for adjudication which is hereby dismissed.