Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner, learned Standing Counsel for the first respondent, learned Standing Counsel for the fifth respondent as well as the Government Pleader. 2. This writ petition has been filed as a public interest litigation seeking, a mandamus commanding first respondent to forthwith stop the illegal construction activities of first respondent Municipality after having unauthorisedly occupying Ext.P1 property.
3. The allegation is that the land belonging to the Government in Survey No.388/1 has been encroached by the Municipality and they are proceeding to construct a municipal park.
4. Learned counsel for the Municipality submits that the property has been in possession with Municipality for the last W.P.(C) No. 26163/14 2 twenty five years. A public library is already existing there. The Municipality is only constructing a park for the public welfare. No constructions are going to be made in the municipal park.
5. In view of the aforesaid, we are of the view that there is no good ground to entertain this public interest litigation. The intention of the Municipality is to construct a municipal park.
This writ petition is dismissed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.