Fight For Right Welfare Society v. North Delhi Municipal Corporation And ORS

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2285/2017 FIGHT FOR RIGHT WELFARE SOCIETY ..... Petitioner Through:

None.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondent Through:

Mr. Ajjay Arora, Adv. with Mr. Kapil Dutta, Adv. for North DMC

CORAM:

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

O R D E R

% 20.11.2018 After short affidavit was submitted by the respondent indicating removal of encroachment, petitioner on August 27, 2018 was granted time to file affidavit or bring on record material to show that the demolition has not been done completely and still unauthorized construction exists. In spite of time granted on August 27, 2018, nothing has been filed. 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 is disposed of with liberty to the petitioner to file a complaint before the appropriate Committee as indicated hereinabove.

CHIEF JUSTICE V. KAMESWAR RAO, J NOVEMBER 20, 2018/ak