22 January 2008
Supreme Court
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DLF(PHASE-II)R.W.SOCIETY Vs UNION OF INDIA

Case number: W.P.(C) No.-000459-000459 / 2006
Diary number: 23525 / 2006
Advocates: Vs D. S. MAHRA


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CASE NO.: Writ Petition (civil)  459 of 2006

PETITIONER: DLF (PHASE-II) R.W. SOCIETY

RESPONDENT: UNION OF INDIA

DATE OF JUDGMENT: 22/01/2008

BENCH: H.K. SEMA & LOKESHWAR SINGH PANTA

JUDGMENT: JUDGMENT

O R D E R WRIT PETITION(CIVIL) NO. 459 OF 2006

       Heard the parties.   

       This petition is filed under Article 32 of the Constitution of India by eight indivi duals  praying the following reliefs:         "a)     Direct Respondent No.9 to immediately  cease all construction activity in and around X-Block in  particular in DLF Phase-II and III and in particular,  buildings identified as 2,4,9,10,11,12,13,17 and 18 to in the  Map enclosed.

       b)      Direct Respondent No.8 to seal all wells/  tubewells/borewells and drillers in the buildings of  Respondent No.9, which are illegally extracting ground water.

       c)      Restrain Respondent No.9 from either  letting or selling any of the properties or part of the property  which are in violation of Environmental laws and have been  identified in the map enclosed. .....2

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       d)      Direct the Central Bureau of Investigation  to investigate as to how the buildings shown in the map have  come up in flagrant violations of the law.

       e)      Direct Respondent No.1 to 8 to strictly  enforce the law and further direct them to issue notices to the  occupants of the building to vacate the premises and  thereafter to seal the same.

       f)      Direct various Authorities to reply to the  pending application under the Right to Information Act.

       g)      Direct Respondent No.6 and 7 to produce  original Master Plan, the present Master Plan and also the  various amendments thereto and also the proof regarding the  various Public notices given as required under Section 102 of  the HUDA Act, 1977.

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       h)      Direct Respondents 1 to 8 to initiate  appropriate action against the their employees/officers who  have illegally approved/sanctioned the building plans of  Respondent No.9 in violation of various laws including  Environmental laws."

       On reading of the reliefs prayed for in this petition, we  are  afraid  that  this   Court   is  not  the  appropriate   .........3.

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authority to grant such relief.  If the petitioner has any grievance he is at liberty to  approach the appropriate authority.  This petition is, accordingly, dismissed.   

       We make it clear that we have not expressed any opinion on the merit of this case.