Ramchandra v. Delhi Development Authority & ORS.
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2081/2024 RAMCHANDRA .....Petitioner Through:
Mr.Ashok Kumar and Ms.Reena Bharti, Advocates versus DELHI DEVELOPMENT AUTHORITY & ORS......Respondents Through:
Ms. Sapna Chauhan, Advocate for DDA Mr.Nikhil Palli, Advocate for R-2 and
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 02.09.2024 1.
The petitioner in the instant writ petition has prayed for the following reliefs:- " (i) Issue a Writ of Mandamus, order or direction in the nature thereof to the respondent Nos.1, 2, 3 and 4 to remove/demolish the encroachment from the Government land of the street in the form of eleven shops situated in front of the residential plot No.D-21, J.J. Colony, Madanpur Khadar, New Delhi constructed by the respondent Nos.5, 6 and 7 and also to initiate cancellation process of the residential plot No.D-21, A2/10, A2/352, J.J. Colony, Madanpur Khadar, New Delhi, which have been purchased by the respondent Nos.5, 6 and 7 in utter violation of the terms and conditions of the allotment and being used commercially unauthorizedly;"
2.
Learned counsel for the petitioner submits that with respect to the first part of the prayer clause, the same stands satisfied in view of the action taken by the respondent for the demolition of unauthorized shops. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 12:30:19
3.
He, however, submits that legal action has to be initiated for cancellation of residential plot No. D-21, A2/10, A2/352, J. J. Colony, Madanpur Khadar, New Delhi which according to the petitioner have been purchased by respondents No. 5, 6 and 7 and the same is in violation of the terms and conditions of the allotment and the property in question is being unauthorizedly used for commercial purposes.
4.
Having perused the nature of the grievance which remains unsatisfied as of now, the Court takes note of the nature of the grievance can be raised before the Special Task Force, which has been constituted in pursuance of the observations made by the Supreme Court in the case of M.C. Mehta v. Union of India.
5.
This Court in W.P.(C) 12033/2024 has examined the bonafide aim and objectives of the said STF and also examined the specialised mechanism for redressal of the grievances pertaining to the alleged violation of municipal rules and regulations.
6.
Thus, the petitioner is at liberty to file a proper representation before the concerned STF and if the petitioner approaches the said STF, the Court does not have any doubt that his grievance will not be considered in accordance with law.
7.
Reserving the aforesaid liberty, at this stage, the Court is not inclined to pass any further directions in the instant writ proceedings. In case the grievance of the petitioner is not satisfied, the petitioner shall be at liberty to take appropriate recourse in accordance with the law. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 2, 2024 SV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 12:30:19