SOUTH DELHI CITIZENS FORUM v. GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
1995-07-05
MAHINDER NARAIN, VIJENDER JAIN, VUENDER JAIN
body1995
DigiLaw.ai
Mahinder Narain ( 1 ) ALLOWED, subject to all just exceptions. C. M. 4004/95 ( 2 ) A public interest writ petition was decided by an order of the Division Bench of this Court comprising B. N. Kirpal and Arun Madan. JJ. . on 29 October 1993. ( 3 ) THAT writ petition was numbered as C. W. P. 1924 of 1993 and had been filed by South Delhi Citizens Forum, inter alia. stating that despite acquisition of land PERMANAND VERMA and ANR. Vs. VIMAL CHAND JAIN 547 measuring 316. 9 acres in Kilokari, Khizrabad and Okhia, which was very valuable land, large scale encroachments have taken place which were not being removed by the D. D. A. or by the police. ( 4 ) BY the order dated 29 October 1993. the writ petition was disposed of and direction was given to remove the encroachment in accordance with law. ( 5 ) THE applicant has now filed an application for intervention in the said decided writ petition asserting that he filed earlier a writ petition, and that his writ petition was disposed of by a Division Bench of this Court (R. C. Lahoti and A. K. Srivastava, JJ.) with certain observations. The applicant relies upon the observations Of the Division Bench that clarification can be obtained from the Bench which decided the case. ( 6 ) THE Division Bench which decided the original public interest petition is not sitting any more. as Justice B. N. Kirpal is now the Chief Justice of Gujarat, and Justice Arun Madan has been transferred to Rajasthan High Court. As such, this application has been placed before us. ( 7 ) WE are not satisfied that in a dicided writ petition, which was a public interest petition, a person who could have made representation therein, and heard in that petition, and chosen not to do so, is entitled to heard by us, especially in petition in which complaint was made that encroachments have taken place on the land vested in the government. ( 8 ) WE are not inclined to entertain this application for intervention. The same is dismissed. ( 9 ) IN view of the order passed in C. M. 4004/95, this application for stay of demolision is also dismissed