‘You don’t see encroachment elsewhere? Why only mazars?’: Delhi HC questions NGO

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The bench of C J Upadhyaya and Justice Tushar Rao Gedela, without delving into the merits of the case, disposed of the matter with a direction to the authorities to decide on the foundation’s representation expeditiously. (Source: File)Dismissing a petition by an NGO seeking removal of alleged illegal encroachment on the Yamuna floodplains — including a mazar and dargah in North Delhi — the Delhi High Court on Wednesday questioned the bonafide of the NGO, remarking why it has selectively been seeking removal of dargahs and mazars.The registered trust, Save India Foundation, claims to be working on “raising issues for the enforcement of rights” of citizens.In its PIL, it sought the removal of the alleged illegal, unauthorised mazar and dargah constructed at Hazrat Panch Peer Baba Veer Singh Colony in Budh Vihar Phase 2 in Delhi.The PIL, highlighting that the construction is on public land of the Irrigation and Flood Control Department of the Delhi government, specifically lists four dargahs as unauthorised encroachments while alleging that “a large chunk of land belonging to the government has been encroached upon by land mafia through pseudo religious structures”.Chief Justice D K Upadhyaya, at the outset, questioned the bonafide of the petitioner. “Aap chun chun ke yeh kahan se le aate hai, dargah? Aur kahin pe encroachment nahi dikhayi deta? (How do you selectively bring forth these petitions of dargahs allegedly encroaching? Do you not see other encroachments?) Why are you identifying only mazars?”The organisation’s counsel, Umesh Sharma, responded, “There are temples in this encroachment, (but) I’m not targeting them…”C J Upadhyaya responded orally, “We are on your bonafide… This must be the 5th or 6th petition entertained by this bench where you’re seeking the removal of mazars. Please let us be clear, do not take it to that dimension… We are not even suggesting remotely that this structure is lawful… but why specifically mazars?… If you actually want to serve the public, there are many other ways… (not) only by seeking removal of such structures… please ask your foundation to do something more than what they are doing… Please advise your foundation to do some better public work.”Story continues below this adThe bench of C J Upadhyaya and Justice Tushar Rao Gedela, without delving into the merits of the case, disposed of the matter with a direction to the authorities to decide on the foundation’s representation expeditiously.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:delhi high courtYamuna floodplains