High Court of DelhiW.P.(C)/7053/2025

Ajay Aggarwal v. Municipal Corporation Of Delhi And ORS

2025-05-22Hon'Ble Ms. Justice Mini Pushkarna6 pages

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7053/2025& CM APPL. 31837/2025 AJAY AGGARWAL .....Petitioner Through:

Mr. Yogesh Goel, Adv.

versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Mr. Mukesh Gupta, Mr. Sachin Singh Shahi, Mr. Arhav Gupta, Advs. for MCD Ms. Rachita Garg and Mr. Agam Rajput, Advs. for R-2/PWD Mr. Kshitij Chhabra, Senior Panel Counsel with Mr. Abhijeet Vikram Singh, Adv. for R-3

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 22.05.2025

O R D E R

The present writ petition has been filed with the prayer for directions to the respondents to remove the illegal encroachments on public roads at Deepali Chowk, Pitampura, near Rani Bagh Police Station. 2.

There is a further prayer for direction to the respondents to take all measures to control and manage the severe traffic congestion at Depali Chowk, Pitampura, near Rani Bagh Police Station. 3.

Responding to the averments made in the present writ petition, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

learned counsel appearing for the Municipal Corporation of Delhi ("MCD"), on advance notice, submits that all the issues which have been raised in the present writ petition with respect to encroachments on the public road, as well as managing the traffic congestion, can be referred to the Special Task Force ("STF"), as the STF has the authority to deal with the said issues. 4.

Learned counsel for the MCD has handed over copy of the documents, which are taken on record.

He relies upon the order dated 24th April, 2018, passed by the Supreme Court in Writ Petition (Civil) no. 4677/1985, titled as "M.C. Mehta vs. Union of India & Ors." and, in particular, upon the following paragraphs:- "xxx xxx xxx It has been submitted by learned Additional Solicitor General (Mr. Nadkarni) that a Task Force is contemplated that will ensure that the orders of this Court and the applicable bye-laws are implemented and encroachments, etc. as well as unauthorized constructions are removed.

The Task Force as suggested by learned Additional Solicitor General (Mr. Nadkarni) may be constituted with immediate effect. As a first step, the Task Force should remove encroachments on public roads, public streets and pedestrian streets, as mentioned in the immediate action submitted by Mr. Nadkarni in a Revised Note dated 18th April, 2018. The needful should be done within a period of two weeks from today.

We make it clear that the Monitoring Committee may suggest to the Task Force the areas where immediate action is required to be taken."

xxx xxx xxx"

Attention of this Court has also be drawn to the Office Memorandum dated 25th April, 2018, issued by the Ministry of Housing and Urban Affairs, Government of India, relating to the constitution of the STF. The said Office Memorandum dated 25th April, 2018, is reproduced as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Perusal of the aforesaid documents clearly shows that, identifying the areas where congestion of traffic occurs, and further devising traffic management strategies, is one of the functions of the STF. Further, this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court notes that identification of encroachments of Government land and steps to clear the said encroachment, is also within the authority of the STF. 8.

Accordingly, the present matter is referred to the STF. The STF shall ensure that requisite action for removal of the encroachments from public road shall be taken at the earliest. Further, the STF shall also ensure that all the measures to control and manage the traffic congestion at Deepali Chowk, Pitampura, near Rani Bagh Police Station, are taken expeditiously. 9.

The various actions taken by the STF shall be uploaded on the website of the STF.

10.

The petitioner is also at liberty to approach the STF, in case, the petitioner is aggrieved that the issues raised in the present petition, are still not resolved.

11.

Copy of this order shall be sent by the Registry to the standing counsel, Delhi Development Counsel ("DDA"), who shall forward the same to the STF, for compliance.

12.

With the aforesaid directions, the present writ petition, along with the pending application, stands disposed of.

MINI PUSHKARNA, J MAY 22, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.