Mahir Raza v. North Delhi Municipal Corporation

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 956/2018 MAHIR RAZA ..... Petitioner Through :

Mr. Karan Sachdeva, Mr. Sanjay Sharma and Ms. Richa Sharma, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through :

Ms. Namrata Mukim and Ms. Unnati Anand, Adv. for R-1.

Mr. Aly Mirza, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 28.02.2019 The petitioner seeks directions against alleged unauthorized construction at property bearing No.8035-8036, Gali Tyre Wali, Bara Hindu Rao, Delhi. Learned counsel for the petitioner states that complaints made to various authorities including to the Lieutenant Governor and to respondent No.1/North-DMC have been to no avail. 2.

Both respondents in the matter are represented. 3.

Status report dated 27.09.2018 filed by respondent No.1/North-DMC states that the unauthorized construction in the subject property was booked on 07.11.2017; show cause notice was issued on the same date; demolition order was passed on 11.01.2018 directing the errant party/respondent No. 2 to demolish the unauthorized construction; since that order was not complied with, another demolition order dated 23.01.2018 was made.

According to the status report, demolition action was taken on 11.09.2018 and 26.09.2018. The report states that further action against the remaining unauthorized construction is under contemplation. A photograph evidencing the demolition action taken so far is also annexed to the status report. 4.

Learned counsel appearing for respondent No. 2/affected party states that the complaint of unauthorized construction is mala-fidé and arises from inimical relations between the petitioner and respondent No. 2, who are relatives.

5.

Be that as it may, the petitioner is not satisfied with the action that has ensued.

6.

In the context of the petitioner's grievance, it transpires that in compliance of orders of the Supreme Court in Writ Petition (Civil) No. 4677/1985 titled M.C. Mehta vs. Union of India & Ors, the Ministry of Housing & Urban Affairs ("MHUA") of the Government of India has vide Office Memorandum dated 25.04.2018 constituted a Special Task Force to comprehensively address violations of the provisions of the Unified Building Bye Laws and Master Plan for Delhi-2021 relating inter alia to construction activity and land-use in Delhi.

Vide another Office Memorandum dated 23.05.2018 the MHUA has also formulated an action plan for monitoring construction activities in Delhi and for fixing responsibility in case of violations of the Unified Building Bye Laws and the Master Plan.

7.

Vide order dated 20.09.2018 made in Writ Petition (Civil) No. 1807/2018 titled Devender vs. Government of NCT of Delhi & Ors. (and connected matters) by the Division Bench of this Court presided-over by Hon'ble the Chief Justice, the Court has held that in view of the setting-up

of the Special Task Force under directions of the Supreme Court it is not appropriate for our court to exercise jurisdiction in matters relating to unauthorised construction; and has disposed of such matters granting liberty to the petitioners to raise their grievances before the Special Task Force so constituted, in accordance with the scheme and procedure formulated under the aforesaid two Office Memorandums.

8.

By order dated 24.09.2018 made in a subsequent matter, being Writ Petition (Civil) No. 9938/2018 titled Suresh Chand Goel vs. East Delhi Municipal Corporation, the Division Bench has followed its earlier order dated 20.09.2018 in Writ Petition (Civil) No. 1807/2018, similarly disposing of the writ petition, granting liberty to the petitioner to file a complaint before the Special Task Force. I am informed that the Division Bench has subsequently also made similar orders in other matters. 9.

To be sure, the petitions that were subject matter of the aforesaid proceedings before the Division Bench were petitions filed in public interest and otherwise; and related to contravention not only of sanctioned building plans but also of various laws, including the Delhi Municipal Corporation Act, 1957, the Delhi Development Authority Act, 1957, the New Delhi Municipal Council Act, 1994, the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the Ancient Monuments Preservation Act, 1904 as also encroachment on public land etc. 10.

The aforesaid Special Task Force is a 15-member body with representation of the highest level from all concerned municipal, civic, revenue and law enforcement agencies of Delhi; and is therefore ideally suited for multi-agency, coordinated action against the rampant malaise of breach of various laws, rules and regulations governing building

construction and land-use in Delhi.

11.

I am informed that as of date the Special Task Force even has its own dedicated website and mobile application to facilitate making of complaints, thereby making it even easier for parties to take their grievances before the said agency.

12.

Accordingly, I am of the view that the correct course of action in this matter also would be to dispose of the present writ petition, giving liberty to the petitioner to approach the Special Task Force in accordance with the policy and procedure laid down for the purpose in MHUA's Office Memorandums dated 25.04.2018 and 23.05.2018 and avail the said alternate, efficacious remedy.

13.

This petition is disposed of in the above terms. 14.

Pending applications, if any, also stand disposed of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 28, 2019 sr