New Delhi, December 28: The Delhi Excessive Courtroom has dismissed a petition in opposition to the elimination of “unauthorised encroachers” from the Mehrauli Archaeological Park space whereas recording that spiritual buildings in addition to graveyards won’t be demolished within the course of.
The counsel for the Delhi Growth Authority (DDA) stated it has marked the encroachments on a “demarcation plan” and the motion was being taken by it pursuant to a discover issued on December 12 in compliance with the judicial orders for elimination of all encroachments besides spiritual buildings. Unlawful Spiritual Constructions Can’t be Protected Beneath Article 25, Says Karnataka Excessive Courtroom.
The petitioners, who claimed to be residing and incomes their livelihood within the space, contended {that a} sure portion of the Mehrauli Archaeological Park consisted of graveyards, mosque, monuments, residence and retailers, and many others., which fell underneath the purview of the Delhi Waqf Board and subsequently the proposed demolition order was with none jurisdiction. Uttar Pradesh CM Yogi Adityanath Orders Elimination of Unlawful Spiritual Constructions Constructed Alongside the Roads.
Justice Manmeet Pritam Singh Arora noticed {that a} division bench of the excessive court docket had directed the DDA and the Archaeological Survey of India to take away all encroachers from the park and that the land admittedly belonged to the Authorities of India.
The choose stated the petitioners haven’t any locus to take care of the proceedings and a division bench of the excessive court docket has already refused to restrain the implementation of the order on a petition by the Delhi Waqf Board which is actively pursuing its cures.
“This Courtroom has been knowledgeable that on 23.12.2022, the Division Bench within the stated proceedings (initiated by Delhi Waqf Board) has after recording the assertion of Respondent No.1 (DDA) that spiritual buildings in addition to graveyards won’t be demolished and additional, that the demolition can be performed solely as per the demarcation report has declined to grant any additional interim aid. The Division Bench has thus declined to restrain the implementation of the order dated 12.12.2022,” recorded the court docket in its order.
“It’s thus evident that Respondent No.3 (Delhi Waqf Board) is actively pursuing its authorized cures to safeguard its rights within the waqf properties falling within the Mehrauli Archaeological Park and subsequently, the current petition is merely a multiplication of the proceedings looking for related reliefs,” the court docket stated.
The counsel for the Delhi Waqf Board additionally stated that it’s not the intention of the board to guard encroachers who’re sought to be eliminated as per the order.
“This Courtroom is of the opinion that the current petition on the behest of petitioners will not be maintainable and the identical is, subsequently, dismissed,” the court docket stated.
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