High Court of DelhiCONT.CAS(C)/408/2023

Civilian Welfare Charitable Trust Regd.Through Its Chairman Mohd. Kamran v. Shri Gyanesh Bharti Commissioner, Mcd And ORS.

2024-05-06Hon'Ble Ms. Justice Manmeet Pritam Singh Arora,Hon'Ble The Acting Chief Justice4 pages

$~5 and 6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 408/2023 & CM APPL. 16006/2023 CIVILIAN WELFARE CHARITABLE TRUST REGD.THROUGH ITS CHAIRMAN MOHD. KAMRAN ..... Petitioner Through:

Ms. Seema Sharma with Ms. Rekha, Ms. Shalini Thakur, Ms. Sujata Nath, Mr. Saudeep and Mr. Garv Shingari, Advocates.

versus SHRI GYANESH BHARTI COMMISSIONER, MCD AND ORS.

..... Respondent Through:

Mr. Anurag Ahluwalia, CGSC for R1 with Mr. Abhay Singh, Advocate for R-1, 4 and 10/UOI Mr. Ashutosh Kaushik with Mr. Rony John, Advocates for DDA.

Ms.

Beenashaw Soni, Standing Counsel, MCD with Ms. Mansi Jain and Ms. Ann Joseph, Advocates for MCD.

Mr. Rajat Sharma and Mr. Nalin Hingorani, Advocates for Mr. Biraja Mahapatra, Advocate for R-12/ DPCC.

Mr. Parth Goyal, Advocate for Mr.

Jawahar Raja, ASC(C) GNCTD, R-3 to R-14 with Inspector Balmukund Rai, P.S. Chandni Mahal Ms. Manika Tripathy, Mr. Rony John and Mr. Naveen Sarswat, Advocates for DDA Ms. Kamna Singh, Advocate for R-9 Ms.

Richa Dhawan, Ms.

Shreya Manjari, Mr.

Anuj Chaturvedi, Advocates for DUSIB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

+ W.P.(C) 5607/2022, CM APPL. 16628/2022, CM APPL. 20055/2022, CM APPL. 27271/2022, CM APPL. 58534-58535/2023, CM APPL. 5399/2024 & CM APPL. 25441/2024 CIVILIAN WELFARE CHARITABLE TRUST (REGD.) THROUGH ITS CHAIRMAN MOHD. KAMRAN ..... Petitioner Through:

Ms. Seema Sharma with Ms. Rekha, Ms. Shalini Thakur, Ms. Sujata Nath, Mr. Saudeep and Mr. GArv Shingari, Advocates.

versus UNION OF INDIA & ORS.

..... Respondent Through:

Mr. Anurag Ahluwalia, CGSC for R1 with Mr. Abhay Singh, Advocate for R-1, 4 and 10/UOI Mr. Ashutosh Kaushik with Mr. Rony John, Advocates for DDA.

Ms.

Beenashaw Soni, Standing Counsel, MCD with Ms. Mansi Jain and Ms. Ann Joseph, Advocates for MCD.

Mr. Rajat Sharma and Mr. Nalin Hingorani, Advocates for Mr. Biraja Mahapatra, Advocate for R-12/ DPCC.

Mr. Parth Goyal, Advocate for Mr.

Jawahar Raja, ASC(C) GNCTD, R-3 to R-14 with Inspector Balmukund Rai, P.S. Chandni Mahal Mr. Varun Goswami, Mr. Rajesh Singh, Mr. Sahil Agarwal, Mr. Hritik Chaudhary, Advocate with Applicant Amanuddin Ms. Manika Tripathy, Mr. Rony John and Mr. Naveen Sarswat, Advocates for DDA Ms.

Richa Dhawan, Ms.

Shreya The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Manjari, Mr.

Anuj Chaturvedi, Advocates for DUSIB Mr. Rishikesh Kumar, ASC, GNCTD with Ms. Sheenu Priya, Mr. Atik Gill Mr.

Sudhir Kumar Shukla, Advocates

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 06.05.2024 CM APPL. 58535/ 2023 (for exemption) in W.P.(C) 5607/2022 Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of. CM APPL. 25441/2024 and W.P.(C) 5607/2022 1.

C.M application No. 25441/2024 has been filed by the Petitioner seeking directions to the Municipal Corporation of Delhi ('MCD') to book/seal/demolish the 60 odd alleged illegal properties mentioned in 15 of the application and to further direct Government of National Capital Territory of Delhi ('GNCTD') to disconnect the electricity and water connections of the properties in question.

It is pertinent to mention that in the initial writ petition the petitioner had alleged that illegal and unauthorized construction had been carried out in about ten properties.

Some of the Respondents have alleged that the present writ petition has been filed by the Petitioner to extort money. 4.

The allegation of extortion is vehemently denied by the learned counsel for the Petitioner.

This Court is of the view that the disputed allegation of extortion cannot be examined in writ proceedings.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

At this stage, learned counsel for the Applicant states that the Applicant shall file appropriate proceedings qua the allegation of extortion before the competent Court in accordance with law. 7.

Keeping in view the fact that Special Task Force (STF), a specialized agency has been set up to deal with the issue of illegal and unauthorized construction in Delhi, this Court disposes off the present writ petition with a direction to the STF to treat the pending writ petition as well the pending applications as representations and to decide the same in accordance with law as expeditiously as possible. It is clarified that the rights and contentions of all the parties are left open.

If any demolition/ sealing action is required, the same shall be taken by the STF at the expense of the party violating the law. 9.

The police authorities shall act in aid of whatever decision is taken by the STF as well as by the MCD.

CONT.CAS(C) 408/2023 & CM APPL. 16006/2023 CM APPL. 16628/2022, CM APPL.

20055/2022 CM APPL.

27271/2022, CM APPL. 58534/2023, CM APPL. 5399/2024 10.

Learned counsel for the Petitioner does not wish to press the present petition and applications at this stage. Accordingly, the Contempt Petition and pending applications are disposed of as not pressed at this stage. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 6, 2024/msh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.