Delhi High Court - Orders
Nyaya Manch vs South Delhi Municipal Corporation And ... on 29 January, 2019
Author: V. Kameswar Rao
Bench: Chief Justice, V. Kameswar Rao
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11133/2016
NYAYA MANCH ..... Petitioner
Through:
versus
SOUTH DELHI MUNICIPAL CORPORATION AND
ORS .... Respondents
Through: Ms. Puja Kalra and Ms. Ajjay Aroraa,
Advs. for North MCD.
Mr. Amit Mahajan, CGSC with
Mr. Randeep Sachdeva, Adv. for
UOI.
Mr. Sunil Fernandes, Standing
Counsel with Mr. Arnav Vidyarthi
and Ms. Priyansha Indra Sharma,
Advs. for BSES.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 29.01.2019
1. Petitioner has filed this petition and seeks removal of encroachment of unauthorized construction qua properties which are adverted to in the writ petition.
2. In the matter of illegal/unauthorized construction, this Court has passed a detailed order dated 20.09.2018 in W.P.(C) No.1807/2018 titled as Devender v. Government of NCT of Delhi & Ors. and connected cases (batch of 16 cases) wherein we have taken note of the fact that Hon'ble Supreme Court is seized of the issue pertaining to illegal constructions both ongoing and constructions already concluded and passed various orders including orders dated 24.04.2018 and 18.07.2018 passed in Writ Petition(s) (Civil) No(s). 4677/1985 M.C. Mehta v. Union of India & Ors.
3. We are informed that based on various directions issued by the Hon'ble Supreme Court, the Delhi Development Authority vide Office Memorandum No. O-33011/1/2006-DDI dated April 25, 2018 has constituted a Special Task Force consisting of about 15 Members, the objective of the Task Force and the Rules and procedure for functioning of the Task Force has been brought to our notice.
4. That apart, by another Office Memorandum No. O-33011/1/2006- DDI issued by the DDA on May 23, 2018, an action plan for monitoring all ongoing construction activities in Delhi, fixing of responsibilities in case of violation of Master Plan, unified Building Byelaws and issues with regard to illegal constructions have been dealt with and even a plan for receipt of complaint with regard to illegal and unauthorized constructions already made and steps to be taken for their removal have been indicated.
5. Keeping in view the aforesaid, the purpose of the present writ petition filed before us in public interest stands fulfilled.
6. Accordingly, this writ petition is disposed of with liberty to the petitioner to file a complaint before the appropriate Committee as indicated hereinabove.
7. SDMC shall file the status report before the Special Task Force Committee within four weeks for proceedings with the matter in accordance with law.
CHIEF JUSTICE V. KAMESWAR RAO, J JANUARY 29, 2019/jg