Ravinder Kumar v. Municipal Corporation Of Delhi & ORS.

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 16689/2024 RAVINDER KUMAR .....Petitioner Through:

Ms. Meenal Duggal, Mr. Tushar, Mr.

Sohan Singh Rawat, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Siddharth Gupta, Advocate for MCD.

Ms. Avni Singh, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 03.12.2024 1.

The petitioner seeks action in respect of unauthorised construction in property No. 77/16/1 situated in the Revenue Estate of Village Ghevra Near Metro Pillar No. 609 ["subject property"]. 2.

Mr.

Siddharth Gupta, learned counsel for the Municipal Corporation of Delhi ["MCD"], who appears on advance instructions, states that the subject property falls within a development area and is therefore subject to the jurisdiction of the Delhi Development Authority ["DDA"] and not MCD.

3.

Although it appears that the complaint was also addressed to DDA, DDA has not been made a party to the writ petition. W.P.(C) 16689/2024 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 06/12/2024 at 12:54:36

4.

In any event, I am of the view that the complaint should first be addressed to the Special Task Force ["STF"] constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union of India & Ors.] The STF is headed by the Vice Chairman of DDA and comprises representatives of all the concerned agencies. It is tasked with coordinated action in cases of this nature, and is particularly relevant when there is a jurisdictional issue such as in the present case. 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].

5.

At this stage, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to approach the STF. 6.

The petition is dismissed as withdrawn with liberty as aforesaid. PRATEEK JALAN, J DECEMBER 3, 2024 "Bhupi/JM"/ W.P.(C) 16689/2024 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 06/12/2024 at 12:54:36