No relief from HC to society which built temple on DDA land
The Delhi High Court on Friday refused to grant any interim relief to a housing society which moved a plea seeking to restrain DDA from demolishing a temple built allegedly illegally on the authority's land here.
New Delhi: The Delhi High Court on Friday refused to grant any interim relief to a housing society which moved a plea seeking to restrain DDA from demolishing a temple built allegedly illegally on the authority's land here.
Justice V K Shali declined to pass any order as Kirpal Cooperative Group Housing Society could not show any document indicating that the land in question at I P Extension here has been allotted to it by Delhi Development Authority (DDA).
The Society, in its application, relied upon an affidavit filed by DDA in another matter in which the authority allegedly stated that the land in question has been handed over to the housing society.
The judge, however, was not impressed by the society's contention and said "show me there is a valid allotment of land in your favour. If you want to rely on some document file it in the registry."
The court adjourned the matter to December 19 by when the society has to place on record documents showing that the land in question belongs to it.
Meanwhile, DDA, represented by advocate Rajeev Bansal, opposed the plea saying they intend to demolish the illegal structure, dubbed as a temple, in two days and have already written to Delhi Police seeking adequate force to carry out the exercise.
The society sought an interim stay on any demolition or an order directing DDA to maintain status quo saying religious sentiments would be hurt if the temple is demolished.
On December 8, the high court had asked the city police to provide adequate force to DDA when it seeks the same for demolishing the illegal structure built on its land at I P Extension.
It had passed the order after it was informed by DDA that despite its order to maintain status quo, further unauthorised construction had been carried out.
DDA had also alleged that the people who built the unauthorised structure, a small room which has been dubbed as a temple, have also "mischievously" planted trees in the area.
Delhi Police, represented by advocate Zubeda Begum, on the other hand, had claimed that earlier when it had provided adequate force on DDA's request, the authority had written to it on October 30 that they have decided to defer the demolition.
She had also said an FIR has been lodged on December 1.
The court was hearing DDA's plea alleging police "facilitated and supported" illegal construction on the authority's land at I P extension here by neither lodging an FIR nor giving adequate force to help demolish it.
DDA has alleged Delhi Police did not provide sufficient force despite several letters from the land-owning body.
It has also alleged the residents of nearby Kirpal Cooperative Group Housing Society had grabbed its land measuring 2500 sq m which was earmarked for 'other community facilities'.
DDA in its plea has said the alleged illegal construction came up overnight on October 23-24 and police, instead of acting upon the authority's letters for lodging an FIR and providing assistance for carrying out demolition, was behaving as a "mute spectator".
According to DDA, it had written letters to the Madhu Vihar Police Station, under whose jurisdiction the area falls, and thereafter also wrote to the Deputy Commissioner of Police (East), bringing the situation to their attention.
DDA has also contended the police force which was provided did not assist the authority in discharging its duty and "merely stood at the periphery of the plot as mute spectators without offering any real and positive assistance".
The authority alleged the illegal temple is a small room measuring 20x25 feet in which the residents of the society have put up pictures of deities.