Shagufta Bano v. Municipal Corporation Of Delhi & ORS.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1255/2025 & CM APPL. 6197/2025 SHAGUFTA BANO .....Petitioner Through:

Mr.

Rais Farooqui and Mr. Mohammad Fatir, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Ms. Arti Bansal and Ms. Shruti Goel, Advocates for R-1 and R-2.

Mr. Mimansak Bhardwaj, Senior Panel Counsel with Ms. Vidya Mishra and Mr. Subhashish Roy, Advocates for UOI.

Ms. Manika Tripathy, SC with Mr. Gautam Yadav and Mr. Sanjay Singh, Advocates for DDA.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 31.01.2025 1.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following relief:- "(a) Issue a Writ of Mandamus or any other Writ/order/direction thereby directing the respondents No.1 to 4 to take appropriate steps to stop the illegal construction and demolish/remove the unauthorized and illegal construction carried by the respondent No.5 & 6 at the property bearing Municipal No.1314-15, Basti Chain Sukh Dass Puri, Kalan Mahal, Darya Ganj, New Delhi-110002;"

2.

In view of the orders of Supreme Court in M.C. Mehta v. Union of India and Others, (2019) 12 SCC 730 and M.C. Mehta v. Union of India and Others (Sealing Issue, in Re), (2019) 12 SCC 419 under which the W.P.(C) 1255/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Special Task Force ('STF') was constituted by the Delhi Development Authority vide Notification dated 25.04.2018 and in light of order of the Division Bench of this Court in Devender v. Govt. of NCT of Delhi and Ors., W.P.(C) 1807/2018, decided on 20.09.2018 as well as orders of the Co-ordinate Benches of this Court in Abdul Gaffar v. South Delhi Municipal Corporation & Ors., in W.P.(C) 1773/2019, decided on 28.02.2019 and Rashiduddin Malik v. MCD of Delhi and Others, W.P. (C) 12102/2024, decided on 02.09.2024, remedy of the Petitioner lies in approaching the STF, in view of the disputed questions raised in this writ petition.

3.

Issue notice.

4.

Counsels, as above, accept notice on behalf of the respective Respondents.

5.

Learned counsel for the Petitioner submits that he has made complaints to the MCD with copy to the STF but no action has been taken so far, constraining the Petitioner to approach this Court. 6.

Learned counsel appearing on behalf of DDA, on instructions, submits that present writ petition will be treated as a complaint and register and necessary action will be taken as per law. 7.

Writ petition is accordingly disposed of recording the submission on behalf of DDA that STF will treat this writ petition as a complaint and take necessary action. Needless to state any further action by STF and/or MCD will be compliant with applicable statutory provisions and the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291.

W.P.(C) 1255/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

This order is passed without prejudice to the rights and contentions of Respondents No. 5 and 6. In case of any further grievance, it will be open to the Petitioner to take recourse to appropriate legal remedies. 9.

Pending application stands disposed of.

JYOTI SINGH, J JANUARY 31, 2025/shivam W.P.(C) 1255/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.