Cannot Encroach Upon Property In The Name Of Charity: Delhi HC
Encroachment on public property in the name of doing charity was not permissible, the Delhi High Court (HC) said on November 27, while expressing its displeasure over unauthorised construction in a graveyard in the national capital.
The HC rejected the claim of a person, accused of carrying out unauthorised construction on a waqf property, that an orphanage was being run in the premises, housing over 70 children, and that no commercial activity was going on there.
"You cannot encroach even to house other people. Charity begins at home. So, do charity at your home. You cannot encroach upon property of others and say we are doing charity. It is not permissible," a Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said.
The Bench said mere occupation and trespassing assured no legal right for encroachers.
"Nowhere in the world you can file a suit and say I am an encroacher and I want my right over a property. What education are you providing to students with your admitted trespass? The land belongs to this country, and you expect sympathy from us. It is like stealing somebody's money and saying I am distributing it among the poor people," the HC said.
The judiciary also pulled up civic authorities for allowing unauthorised construction, stating "you permit people to encroach and then seek adjournment to file reply".
The Bench was hearing a PIL (public interest litigation) by a residents welfare association of Hazrat Nizamuddin Basti, seeking direction to the Delhi Waqf Board, the Central government, the Delhi government and the Delhi Police to take action against an individual and Jamia Arabia Nizamia Welfare Education Society.
The education society is accused of carrying out unauthorised construction on public land, housing a graveyard, mosque and a dome-type structure, situated on the main Mathura Road in the national capital.
The court directed the authorities to file their response to the plea and a report on the inspection of the site. It has now listed the matter for January 12 next year.
With inputs from Housing News