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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     18 September 2011

Sc cautions courts to go slow on govt action against sealing

The Supreme Court has cautioned courts against interfering with the government actions such as removal of encroachment, sealing and demolition of unauthorised constructions.

A bench comprising Justices G S Singhvi and H L Dattu, in their judgement delivered yesterday, imposed a penalty of Rs five lakh on a company for running a restaurant on public land.

The bench in its judgement noted that the appellant(Khatri Hotels Pvt Ltd) not only encroached on public land but also abused the process of the court.

Rs 2.5 lakh shall be paid to the Supreme Court Legal Services Committee within two months and remaining 2.5 lakh shall be paid to the Delhi State Legal Aid Cell within the same period.

The apex court noted with approval of the observations of the Delhi High Court that the society and law-abiding citizens are being held to ransom and violators of law are taking full advantage of the long delays in the delivery of justice.

The appellant company is running a hotel in Mehrauli area of south Delhi and has been filing different suits and petitions to prolong the judicial process.

The apex court made it clear that the courts should not protect the violators of law.

DDA official had threatened to remove the encroachment on August 10, 1990 and the plaintiff filed a suit for permanent injunction in the year 2000 while a land was acquired by the Centre in 1974.
 
SOURCE: UNI


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