Adhikar Suraksha Hamara Abhiyan Sanstha v. Government Of NCT Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14382/2024 ADHIKAR SURAKSHA HAMARA ABHIYAN SANSTHA .....Petitioner Through:

Mr. Rudra Vikram Singh, Mr. T.

Bhardwaj, Mr.P.

Kumar, Mr.

ANushal and Ms.

Neetu Rai, Advocates versus GOVERNMENT OF NCT OF DELHI AND ORS ....Respondents Through:

Mr. Santosh Kumar Tripathi, SC with Mr. Mehak, Mr. Pradyuman Rao and Mr. Rishabh Srivastava, Advocates for R-1 Ms.

Manisha Agarawal Narain, CGSC with Mr. SAndeep Singh and Mr. Akhil Gupta, Advocates for R-2 Mr. Tushar Sannu and Mr. Hardik Saxena, Advocates for R-4

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 14.10.2024 1.

Present public interest petition has been filed seeking directions to the Respondents to demolish and stop the alleged illegal and unauthorized construction at property bearing no. 657-C, Kabool Nagar, near Sai Mandir, Shahdara & 1 / 7791, Old No. 1473-1/6Q/ 85, East Gorakh Park, Shahdara, Delhi.

2.

Learned counsel for the Petitioner states that illegal construction has been carried out on the subject property in violation of building bye-laws The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/10/2024 at 12:00:50

and the provisions of the Delhi Municipal Corporation Act, 1957. 3.

He states that despite submitting multiple representations to the Respondents, no action has been taken qua the illegal construction. He states that basis his complaint, the Assistant Engineer, MCD had also written to the SHO, Shahdara, vide letter dated 19th January, 2024 to stop the illegal construction on the subject property but no action was taken. 4.

He states that he had also sent a letter dated 30th March, 2024 to the Chairman STF regarding the illegal and unauthorized construction and that the STF has closed the complaint by stating that there are repeated complaints being filed by the Petitioner and the same would cause difficulty to the STF in discharging its duties.

5.

After hearing the learned counsel for the Petitioner, this Court is of the view that the STF cannot close the complaint on the ground mentioned at page 44 of the paper book.

6.

Consequently, the present writ petition is disposed of with a direction to the Respondent No.4 to decide the petitioner's representation dated 30th March, 2024 in accordance with law by way of speaking order as expeditiously as possible.

7.

With the aforesaid directions, the present writ petition stands disposed of.

MANMOHAN, CJ TUSHAR RAO GEDELA, J OCTOBER 14, 2024/ms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/10/2024 at 12:00:50