Stay Application (construction at Shastri Park)

IN THE HIGH COURT OF DELHI AT NEW DELHI

(Extraordinary Civil Writ Jurisdiction)

CMP No. 4557 of 2005

IN

Writ Petition (Civil) No. 6500 of 2005

In the matter of:

Gita Dewan Verma ... Petitioner/ Applicant

Versus

Delhi Metro Rail Corporation & Ors. ...Respondents

APPLICATION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR INTERIM DIRECTIONS

MOST RESPECTFULLY SHOWETH:

1. That the Applicant herein has filed the accompanying Civil Writ Petition seeking, inter-alia, issuance of writs in the nature of Certiorari and Mandamus in respect of the construction of an Information Technology Park at Shastri Park, Delhi on the Yamuna Riverbed. The contents of the same are not being repeated herein for the sake of brevity and to avoid repetition. The same may be treated as part and parcel of the present application.
2. That the aforementioned construction activity being carried out by Respondent No.1 with the approval of Respondent No.2, 3, and 4 is in contravention of the provisions of the Delhi Development Act, 1957 (“the Act”) and is as such unauthorised and liable to be stopped forthwith. The Petitioner has submitted objections, inter-alia, to this effect in response to the Public Notices issued by Respondent No.4 under section 11A of the Act from time to time. However, till date the said objections are pending consideration with Respondent No.4 while the Respondents continue to expend huge amounts of the exchequers’ money towards the unauthorised construction activities in issue apart from attempting to make commercial gains out of the said activities.
3. That under the circumstances, unless the ongoing unauthorised construction activities are stopped and kept in abeyance forthwith during the pendency of the present proceedings, the same shall result in expenditure at an irreversible scale apart from the creation of third party rights, inter-alia, in respect of the structures being erected on the riverbed, etc.
4. That it would be in the interest of justice if Respondent No.1 is restrained from proceeding further with the unauthorised construction activity at Shastri Park, Delhi during the pendency of the proceedings.
5. That the Petitioner has a strong prima facie case on merits. The balance of convenience is in favour of restraining the Respondent No.1 from proceeding with the unauthorised construction activities at Shastri Park as the Petitioner and the general public at large would be subjected to irreparable injury. Further, if the ongoing unauthorised construction activities at Shastri Park are not stopped, then the same would amount to perpetuation of an illegality.

P R A Y E R

In the facts and circumstances of the case, the Petitioner respectfully prays that this Hon’ble Court may graciously be pleased to:

(a) Restrain Respondent No.1 from proceeding with the construction activities at Shastri Park, Delhi on the Yamuna Riverbed during the pendency of the present proceedings;

(b) Restrain Respondents No.2, 3 and 4 from making budget provisions out of the public exchequer for the said constructions during the pendency of the present proceedings; (NEW, PL CHECK) and

(c) Pass such other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice and facts and circumstances of the case.

Petitioner /Applicant

Through

K G Gopalkrishnan / S Muralidhar

Advocate for the Petitioner

283, Supreme Enclave, Mayur Vihar, Phase – I, Delhi – 110091.

Place: Delhi

Dated: 07/04/2005