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CAA-NRC Protest Site At Shaheen Bagh Allegedly Being Converted Into Unauthorized Memorial: Delhi HC Asks Authorities To Decide Representation

Akshita Saxena
23 Feb 2022 12:53 PM GMT
CAA-NRC Protest Site At Shaheen Bagh Allegedly Being Converted Into Unauthorized Memorial: Delhi HC Asks Authorities To Decide Representation
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The Delhi High Court today disposed of a PIL alleging that the CAA-NRC protest site at city's Shaheen Bagh area is illegally being converted into a memorial, with a direction to the South Delhi Municipal Corporation and other concerned authorities to look into the petitioner's grievance.The plea was filed by one Mohd. Farooq, a resident of Shaheen Bagh area in Jamia Nagar, alleging that...

The Delhi High Court today disposed of a PIL alleging that the CAA-NRC protest site at city's Shaheen Bagh area is illegally being converted into a memorial, with a direction to the South Delhi Municipal Corporation and other concerned authorities to look into the petitioner's grievance.

The plea was filed by one Mohd. Farooq, a resident of Shaheen Bagh area in Jamia Nagar, alleging that MLA Amanatullah Khan and councillor Abdul Wazid Khan are the main key persons who are raising illegal and unauthorized construction by grabbing government land and constructing a memorial, in the garb of establishing a park.

It is further alleged that the private Respondent is using MLA Local Area Development Funds for this purpose, thus propagating corruption during discharging his duties.

"The site in question has been main site of demonstration during the Anti CAA/ NRC protest happened in 2020 and Respondent no. 6&7 has been very strong supporter to the demonstrations and many times shared the stages and extended their complete support to the agitations & demonstrations. In an attempt to make the demonstration site a historical place for Anti Govt demonstrations for all future generations a Memorial in the form of park at the cost of Govt exchequer has been planned and subsequent to that it has been funded through MLA LAD funds. It is veiled & a malafide attempt of the Respondent no. 6&7 to turn the encroached land into a memorial using the taxpayer money," the plea alleged.

Advocate Sameer Vashisht, appearing for the Respondents, denied the allegations in the plea and submitted that the land in question belongs to PWD, a tender was issued by the irrigation department and the land has been given for development of a fountain.

After hearing the parties, the Division Bench comprising Chief Justice DN Patel and Justice Jyoti Singh directed the Respondents, including SDMC, Delhi government, PWD, DDA and Delhi Police, to treat this petition as a representation and decide the grievances of the petitioner in accordance with law.

It added that adequate opportunity of hearing will be given to the owner/ occupier of the land, if required.

Significantly, the petitioner had also sought for appointment of Lokayukt (Govt. of NCT of Delhi) as the seat / bench is vacant for more than last 10 months.
On this issue, the Bench noted that a meeting is already convened by the concerned authorities and the process for appointment is ongoing. Hence, no further directions are warranted.

The petitioner was represented by Advocate Ajeet Yadav and Nishant Tyagi.

Case Title: Mohd. Farooq v State (NCT of Delhi)

Citation: 2022 LiveLaw (Del) 142

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