Praveen Singh Bhadoria v. Municipal Corporation Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14993/2024 PRAVEEN SINGH BHADORIA .....Petitioner Through:

Mr.

Arjeet Gaur, Mr.

Anurag Singh & Mr.

Jasbir Balhara, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ANR.

.....Respondents Through:

Mr. Manu Chaturvedi, SC for MCD/R-1.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 24.10.2024 CM APPL. 62828/2024(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 14993/2024 1.

The reliefs claimed in this writ petition are as follows:- "i) issue a writ petition under article 226 of the constitution of India, inter alia, praying for issuance of a writ of mandamus or any other appropriate writ directing the respondent no. 1 to remove the illegal encroachment and restore the proper flow of drainage, ensuring compliance with municipal laws; and ii) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice, equity, and public health."

2.

Mr. Manu Chaturvedi, learned Standing Counsel for Municipal Corporation of Delhi, who appears on advance instructions states that the W.P.(C) 14993/2024 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 28/10/2024 at 12:07:06

execution of development work in the area in question is under the control of Irrigation and Flood Control Department, the Government of National Capital Territory of Delhi ["GNCTD"]. 3.

In view of this submission, Mr. Arjeet Gaur, learned counsel for the petitioner, seeks permission to withdraw this writ petition with liberty to approach the Special Task Force ["STF"], which comprises of representatives of all the concerned agencies, including the GNCTD, so that coordinated action can be taken. This direction is made with reference to the decisions of the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA 245/2019], Fazruddin vs. DDA & Ors. [order dated 23.04.2019 in WP (C) 4649/2017], and in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and decisions of Coordinate Benches in Abdul Gaffar vs South Delhi Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019] and Rashiduddin Malik vs. MCD & Ors. [order dated 02.09.2024 in WP (C) 12102/2024]. 4.

In view of the above, the writ petition is dismissed as withdrawn with liberty to approach the STF. If the petitioner files a complaint before the STF, within one week from today, the STF is requested to take an expeditious decision.

PRATEEK JALAN, J OCTOBER 24, 2024 'pv'/ W.P.(C) 14993/2024 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 28/10/2024 at 12:07:06