The Election Commision office was constructed ille- gally on a children's park
THE DELHI High Court on Monday ordered the demolition of an Election Commission office illegally constructed on a children's park in Green Park Extension in South Delhi.
Justice Kailash Gambhir also imposed a fine of Rs 25,000 on the MCD for not taking any action to demolish the structure despite repeated protests from the residents.
The DJB was to run a pump there but they had handed over the land to Election Commission after the pump became dysfunctional. The court asked the DJB to pay the Rs 11,000, received as licence fee, to the residents.
The total amount of Rs 36,000 will be handed over to the petitioner - Green Park Extension RWA - to restore the park by planting saplings in place of uprooted trees and purchasing of swings, which had been removed to make space for the building "Since the unauthorised construction has been raised in the green area, immediate steps shall be taken by the Office of the Chief Election Commission to remove it within one week and in case not demolished MCD shall demolish it within a period of one week thereafter," Justice Gambhir said.
"This is a classic case of ‘fence eating the grass'. It is beyond one's comprehension as to how DJB could allot the said site of pump house in favour of the office of the Chief Electoral Officer, more particularly when the site of pump house became non-functional and redundant," it said.
"The situation is more serious and alarming when you find that the law enforcing agencies themselves were indulging in such gross illegalities," said the judge.
Hindustan Times 20 May 2008 P. 3 New Delhi
With Thanks from the Hindustan Times
For any query:- legalpoint@aol.in
Justice Kailash Gambhir also imposed a fine of Rs 25,000 on the MCD for not taking any action to demolish the structure despite repeated protests from the residents.
The DJB was to run a pump there but they had handed over the land to Election Commission after the pump became dysfunctional. The court asked the DJB to pay the Rs 11,000, received as licence fee, to the residents.
The total amount of Rs 36,000 will be handed over to the petitioner - Green Park Extension RWA - to restore the park by planting saplings in place of uprooted trees and purchasing of swings, which had been removed to make space for the building "Since the unauthorised construction has been raised in the green area, immediate steps shall be taken by the Office of the Chief Election Commission to remove it within one week and in case not demolished MCD shall demolish it within a period of one week thereafter," Justice Gambhir said.
"This is a classic case of ‘fence eating the grass'. It is beyond one's comprehension as to how DJB could allot the said site of pump house in favour of the office of the Chief Electoral Officer, more particularly when the site of pump house became non-functional and redundant," it said.
"The situation is more serious and alarming when you find that the law enforcing agencies themselves were indulging in such gross illegalities," said the judge.
Hindustan Times 20 May 2008 P. 3 New Delhi
With Thanks from the Hindustan Times
For any query:- legalpoint@aol.in
1 comment:
This once again shows that the legal system in India does not show any partiality, even if it is with Central Government. Very much appreciable.
The service of Deepak by letting know such news to lay people like us, is worthy of praise and commendable.
I wish Deepak to continue his writings so.
Thanks again,
-Vijay
Chennai
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