Prem Lata v. Municipal Corporation Of Delhi Central Zone & ORS.
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13002/2024 PREM LATA .....Petitioner Through:
Ms.Dinki Arora, Mr.Diwakar Pal and Mr.Ram Sharma, Advs.
versus MUNICIPAL CORPORATION OF DELHI CENTRAL ZONE & ORS.
.....Respondents Through:
Mr.Sanjeev Sabharwal, SC for MCD with Ms.Shweta Singh, Adv.
Mr.Badar Mahmood anf Mr.Ammar Ahmad, Advs for R-3.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 17.09.2024 1.
The petition relates to an alleged unauthorised construction without obtaining the requisite sanction plan.
2.
A perusal of the photographs indicates that some construction activity is in progress.
3.
The petitioner, who claims to be the resident of the property in question, raises an objection with respect to encroachment of open balcony resulting in impediment of petitioner's easementary rights. 4.
The Court finds that the grievance can be raised before the Special Task Force [STF] which has been constituted vide notification dated 08.03.2019 by the Delhi Development Authority. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
A similar view has been taken by this Court in order dated 30.08.2024 in W.P. (C) 12033/2024 titled as Pravin Singhal v. Municipal Corporation of Delhi and Ors., wherein, it has been held as under:- "6. It is discernible from the aforesaid notification that STF has been constituted with an aim of comprehensively addressing the issue of illegal construction and encroachment, including on public land, parking spaces, roads, pavements, etc., and to oversee the enforcement of provisions of MPD-21 and the Unified Building Bye Laws for Delhi. The composition of STF would indicate that the same consists of various Officers from different Departments, including municipal, civic, revenue and law enforcement agencies. The Vice Chairman of DDA is the Chairman of STF and the Commissioner (Planning) of DDA appears to be its Member Secretary.
7. The said notification further stipulates that STF shall meet at least once every month. Additionally, the monthly report of STF is required to be sent to the Hon'ble Lieutenant Governor of Delhi, the Ministry of Housing and Urban Affairs, GoI, and the Secretary of the Ministry of Environment, GoI, who are also required to review the progress achieved quarterly and assess future plans. In essence, STF has been vested with comprehensive powers to regulate construction activities and to act decisively against the erring builders, officials, encroachers, violators of building norms etc.
14. In LPA 245/2019 titled as Sneh Lata & Anr. v. North Delhi Municipal Corporation & Anr., the Division Bench of this Court, while highlighting the composition and functioning of STF, has held that STF is a specialised agency which offers an alternate efficacious remedy to the litigants aggrieved by the unauthorised construction. The relevant paragraphs of the said decision are reproduced as under:- "The Special Task Force comprises 15 members from various municipal, civic, revenue and law enforcement agencies of Delhi; and even has its own dedicated website and mobile application to facilitate making of complaints.
The Special Task Force is therefore a specially constituted agency to address grievances relating inter-alia to unauthorised construction; and an aggrieved person may avail the alternate, efficacious remedy before the Special Task Force. In view of the setting-up of the Special Task Force under directions of the Supreme Court even the respondent No.2 has a forum to agitate any grievance that may remain. It is therefore not appropriate for our court to exercise its The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
appellate jurisdiction in the matter.
Accordingly, the appellants are free to avail their statutory remedies before the ATMCD in respect of action initiated by the corporation by issuing notices under Delhi Municipal Corporation Act, 1957. On the other hand respondent No.2 may, if aggrieved, approach the alternate forum of the Special Task Force to seek amelioration of any grievances or invoke any other remedy available under law. Accordingly, parties may resort to the appropriate remedy, as they may be advised."
15. A similar view has been taken by the Division Bench of this Court in a Public Interest Litigation being W.P. (C) 8104/2022 titled as Himanshu v. East Delhi Municipal Corporation & Anr., in W.P. (C) 4649/2017 titled as Fazruddin v. DDA & Ors., in W.P. (C) 5988/2019 titled as Jaladhar Das v. North Delhi Municipal Corporation & Ors. and in W.P. (C) 11873/2023 titled as RWA Sunlight Colony v. GNCTD & Ors." 6.
In view of the aforesaid, instead of keeping this petition pending on the Board of this Court, the petitioner is granted liberty to institute a civil suit against the concerned respondent or to approach the STF by way of proper representation along with the copy of this order. If the petitioner does so, let the grievance of the petitioner be dealt with by the STF, in accordance with law, as expeditiously as possible.
7.
In view of the aforesaid, reserving the aforesaid liberty in favour of the petitioner, the instant writ petition stands disposed of. 8.
All rights and contentions are left open.
PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 17, 2024/MJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.