Prem Singh & ORS v. Delhi Development Authority & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 733/2018 & CM APPL. 3107/2018 PREM SINGH & ORS ..... Petitioners Through Ms Soumya Pal, Advocate.

versus DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through Ms Shobhana Takiar, Advocate for DDA.

Mr Abhay Prakash Sahay, CGSC with Mr Suraj Kumar, Advocate for UOI.

Mr Abhishek Kr Singh, Advocate for R2,6,7 & 8.

Mr Dheeraj Malhotra, Mr Siddharth Joshi, Advocates for R-5/SDMC.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.02.2019 1.

The petitioner has filed the present petition, inter alia, praying as under:- "a) Issue a writ of mandamus or any other writ or direction thereby directing all the respondents to remove the entire illegal constructions being done or have been done over the land under the ownership/occupation/cultivation of the petitioners with regard to the lands falling under the khasra nos. 53,97/2,631,632 and 633 situated in Village , Jaitpur, Tehsil Mehrauli, New Delhi.

b) Pass any other order in the shape of interim order directing the respondents to restrict and prohibit all the

ongoing unauthorized constructions over the land falling under the category of "0" Zone including the land belonging to the petitioners."

2.

It is the petitioner's case that unauthorized construction is being raised on the land in question which is not permissible, as it falls in OZone area. 3.

Ms Shobhana Takiar, learned counsel appearing for the respondent no. 1 states that a Special Task Force (STF) has been constituted pursuant to the orders passed by the Supreme Court, which is enquiring into the complaints regarding unauthorized construction. She submits that the petitoners may be directed to approach the STF. She states that in the order dated 05.12.2018 passed by the Division Bench of this court in Rahul Kumar v South Delhi M.C.D. Through D.C. MCD Green Park and ors. : W.P. (C) 7961/2018, similar directions were issued. 4.

In view of the above, the present petition is disposed of leaving it open for the petitioner to approach the STF.

5.

In the meanwhile, the respondent no.5 shall also ensure that no unauthorized construction is raised in the said area and if such unauthorized construction is found, the respondent no. 5 shall take necessary action in accordance with law.

VIBHU BAKHRU, J FEBRUARY 25, 2019 pkv