One Day Press v. North Delhi Municipal Corporation

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1444/2018, CM No. 16940/2018 ONE DAY PRESS ..... Petitioner Through:

Mr. Gulab Singhal in person versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through:

Mr. Sanjoy Ghose, ASC with Mr. Rhishabh Jetley, Adv.

Mr. Jyoti Taneja, SC for R-1/NDMC SI Vikas Malik, PS Burari

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 24.09.2018 1.

This petition in public interest, has been filed with regard to unauthorized constructions in the area in question namely Burari Vidhan Sabha.

2.

On notice being issued, a status report has been filed by the North Delhi Municipal Corporation along with various documents, which goes to show that a survey of the area falling in Burari Vidhan Sabha Constituency was carried out by the field staff and action under Sections 343/344 of the DMC Act, 1957 against the unauthorized constructions carried out in 179

numbers of the properties were initiated, as detailed in Annexure A of the said status report. Demolition actions were also taken against 95 properties as detailed in Annexure B of the said status report and in the 179 booked properties, letters have been issued to the concerned authorities for disconnection of electricity and water connections. 3.

Taking note of the aforesaid and the fact that in the matter, pertaining to illegal / unauthorized construction, this Court has passed a detailed order dated September 20, 2018 in W.P.(C) No. 1807/2018 & connected cases (batch of 16 cases) titled as Devender v. Govt. of NCT of Delhi and others, 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 by orders dated April 24, 2018 and July 18, 2018 passed in W.P.(C) No. 4677/1985 M.C. Mehta vs. Union of India & ors, Hon'ble Supreme Court has constituted a Special Task Force consisting of about 15 members.

4.

In view of the above, we direct the North Delhi Municipal Corporation to bring to the notice of the Special Task Force as constituted by the orders of the Hon'ble Supreme Court, the details of the unauthorized construction, as indicated in the status report filed on 12th July, 2018 by the

North DMC within a period of 15 days from today and the Special Task Force shall proceed to ensure that the unauthorized constructions are removed as per the requirement of law within a reasonable period of time. It shall be the responsibility of Sh. Biresh Kumar Sah, Executive Engineer, (Bldg.)-I, Civil Lines Zone, North Delhi Municipal Corporation, who has sworn the affidavit before us to file a fresh status report before the Special Task Force, constituted by the Hon'ble Supreme Court. 5.

In case the North Delhi Municipal Corporation continues with the removal of unauthorized constructions, necessary police protection should be provided to them by the concerned SHO of the Police Station. 6.

As far as police protection granted to the petitioner by our order dated April 27, 2018 is concerned, the same shall be withdrawn as not further required.

7.

Writ Petition is disposed of accordingly.

Dasti under the signatures of Court Master.

CHIEF JUSTICE V. KAMESWAR RAO, J SEPTEMBER 24, 2018/ak