Paardarshita Public Welfare Foundation (Ngo) v. Commissioner South Delhi Municipal Corporation And ANR

$~553 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1145/2014 & CM. Nos. 7014/2014, 1982/2015, 147232/2015, 31090/2017, 31777/2017, 40269/2017 and 40270/2017 and 40329/2017 PAARDARSHITA PUBLIC WELFARE FOUNDATION (NGO) ..... Petitioner Through:

Mr. Harkrishan Das Nijhawan, petitioner in person.

Versus

COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through:

Mr. Praveen K. Aggarwal and Mr.

Abhishek K. Singh, Advs. for R1.

Mr. Sanjeev Sabharwal, Adv. for SDMC and DDA.

Mr. Sanjoy Ghose, ASC with Mr. Aditya Singhal, Adv. for GNCTD.

Mr. Sanjeev Bhandari, SPP for CBI along with Mr. Prateek Kumar, Adv.

Ms. Maninder Acharya, ASG with Mr. Anurag Ahluwalia, CGSC for UOI.

CORAM:

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

O R D E R

% 23.10.2018 Petitioner has filed this petition and seeks removal of unauthorized and illegal construction in the area of Sainik Farm, South Zone of South Delhi Municipal Corporation.

In the matter of illegal/unauthorized construction, this Court has passed a detailed order dated 20.09.2018 in W.P.(C) No.1807/2018 titled as Devender v. Government of NCT of Delhi & Ors. and connected cases (batch of 16 cases) 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 passed various orders including orders dated 24.04.2018 and 18.07.2018 passed in Writ Petition(s) (Civil) No(s). 4677/1985 M.C. Mehta v. Union of India & Ors. We are informed that based on various directions issued by the Hon'ble Supreme Court, the Delhi Development Authority vide Office Memorandum No.

O-33011/1/2006-DDI dated April 25, 2018 has constituted a Special Task Force consisting of about 15 Members, the objective of the Task Force and the Rules and procedure for functioning of the Task Force has been brought to our notice. That apart, by another Office Memorandum No. O-33011/1/2006DDI issued by the DDA on May 23, 2018, an action plan for monitoring all ongoing construction activities in Delhi, fixing of responsibilities in case of violation of Master Plan, unified Building Byelaws and issues with regard to illegal constructions have been dealt with and even a plan for receipt of complaint with regard to illegal and unauthorized constructions already made and steps to be taken for their removal have been indicated.

Keeping in view the aforesaid, the purpose of the present writ petition filed before us in public interest stands fulfilled. Accordingly, this writ petition and the pending applications are disposed of with liberty to the petitioner to file his complaint before the appropriate Committee as indicated hereinabove.

The status report shall be filed by the respondent no.1 / North Delhi Municipal Corporation before the Special Task Force Committee for proceeding with the matter in accordance with law. CHIEF JUSTICE V. KAMESWAR RAO, J OCTOBER 23, 2018/jg