(delhibirdpix) DTC bus depot case - HC of Delhi in its judgment dated 20 Oct 2015 holds DTC application to be nothing but abuse of process of Court

Not all is lost as we sometimes feel when something absolutely absurd is done by the Government and its Agencies.

That there is hope still for Environment and Justice is due to Personalities like Shri Shanti Bhushan, Jayant Bhushan, Reena George who have given their invaluable time to argue in various PILs for saving Environment.  This particular case is a Glaring Example. 

A simple reading of the Judgement attached herewith shows that a flagrant violation of all the related laws by DTC/Delhi Government was permitted to be regularised.  The attempt failed.  Then this case was filed after almost three years abusing the process of law.  The expositions and presentations by Shri Shanti Bhushan were simply superb that left no room for any 'favour' to the Establishment.  An application that should not have been even admitted was considered and it looked like at one point that

DTC might get away with its application.

Our grateful thanks to Shri Shanti Bhushan, Jayant Bhushan and Reena George for ensuring that the Justice prevails.

Now we have two good things -  One that Delhi High Court has castigated DTC and in turn the Delhi Government for

abusing the Judicial Process.  I only wish some punishment was awarded by the High Court.

Jayant also got us the Supreme Court to say that 'Environment is Part of Right to Life' in NOIDA Park Case.  This is

now being quoted in various judicial pronouncements.

Regards.

Anand Arya

Begin forwarded message:

From: Yamuna Jiye Abhiyaan <yamunajiye@gmail.com>

Subject: YJA - DTC bus depot case - HC of Delhi in its judgment dated 20 Oct 2015 holds DTC application to be nothing but abuse of process of Court

Date: 28 October 2015 1:43:49 PM IST

To: Yamuna Jiye Abhiyaan <yamunajiye@gmail.com>

Bcc: anandsharda@gmail.com

Friends,

Kindly recall our earlier intimation about the CJ bench of High Court of Delhi having dismissed the DTC application to reopen a case about its bus depot in the river bed.

At that time details of the judgment were not available, which has now become public. A copy of the same is enclosed.  

Operational part of the judgment is as under:

8. Having heard the learned counsel for both the parties and having perused the material available on record, particularly the response of DDA, it appears to us that the steps taken for change of land use in the Master Plan failed. The six months‟ time granted to the respondents was only for the purpose of taking steps for change in the Master Plan. What should follow in those circumstances was also mentioned by this Court in the order dated 13.09.2012 in W.P.(C) No.5481/2011. Now that DDA states that it is not possible for changing the land use in the Master Plan and that alternative lands have also been allotted to DTC, we do not find any justifiable reason for granting extension of time as sought by DTC, particularly in view of the fact that the six months‟ time granted by this Court had expired long back. We have also taken note of the fact that DTC has given an undertaking before this Court in Contempt proceedings to hand over the land in question within stipulated period. In the light of the said undertaking, the present application filed for extension of time long after the expiry of the time initially granted is nothing but abuse of process of the Court. 

9. For the reasons mentioned above, the applicant is not entitled for extension of time as prayed for and accordingly, the application is dismissed.

It is a matter of satisfaction that the Hon'ble bench has not only found the application to be hopelessly time barred but that it is nothing but abuse of the process of the Court. This is something that Respected Shanti Bhushan ji had vehementally argued before the Court on 12 Oct 2015. 

The case against the bus depot in the river bed was originally filed in 2011 by Anand Arya ji (with undersigned as a co-petitioner) and ably advocated since then before the Court by Jayant Bhushan ji and Mrs Reena George.

Now mercifully the matter will revert back to the Contempt Court (where proceedings had been stalled due to this fresh 'motivated' application by the DTC) where DTC is facing contempt action for its inability to fulfill its own commitment given to the Court regarding the shift of the depot. AMEN. 

manoj misra

Convener

   

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