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High Court of DelhiW.P.(C)/1839/2019

Sh. Bijendra Kumar v. Delhi Development Authority And ORS.

2019-02-22Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1839/2019 SH. BIJENDRA KUMAR ..... Petitioner Through Mr Bijender Kumar, Advocate.

versus DELHI DEVELOPMENT AUTHORITY AND ORS.

..... Respondents Through Mr Dhanesh Relan, Standing Counsel for DDA with Mr Komal, Mr Rajeev Jha, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.02.2019 1.

The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent nos. 1 and 2 (Delhi Development Authority and Delhi Urban Shelter Improvement Board, respectively) to remove or demolish the allegedly illegal and unauthorized encroachment constructed by respondent nos. 3 to 5 on Government land. 2.

It does appear that there are some disputes between the petitioner and respondent nos. 3 to 5, however notwithstanding the same, the concerned authorities are required to ensure that no unauthorized encroachment takes place.

3.

The learned counsel appearing for respondent no.1 states that if any unauthorized encroachment as alleged by the petitioner is found,

necessary action shall be taken in accordance with law. He also points out that respondent no.1 has now constituted a Special Task Force in view of the orders passed by the Supreme Court in M.C. Mehta v. Union of India and Ors.: W.P. (C) No. 4677/1985. He also referred to orders passed by the Division Bench of this Court, wherein a batch of matters referred the complaints made by the petitioners therein to the Special Task Force.

4.

In view of the above, the present petition is disposed of by permitting the petitioner to make a complaint before the Special Task Force. In the meanwhile, respondent no. 1 shall also consider the petitioner's complaint and, if any unauthorized construction/encroachment is found on DDA land, it shall take necessary steps in accordance with law.

5.

Order dasti.

VIBHU BAKHRU, J FEBRUARY 22, 2019 pkv