Mrs. Joginder Kaur & ANR. v. Municipal Corporation Of Delhi & ORS.

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 16716/2024 CM APPL. 70711/2024 & CM APPL. 70712/2024 MRS. JOGINDER KAUR & ANR.

.....Petitioners Through:

Mr.

Vinay Rathi, DHCLSC alongwith Petitioner in person.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Vikas Chopra, SC with Mr.

Neeraj Kumar, Ms.

Anita R.

Mishra and Ms. Khushi, Advocates for MCD.

Mr.

Jaspreet Singh and Mr.

Amandeep Singh, Advocates for R-2 alongwith R-2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 04.12.2024 1.

The petitioners have filed this writ petition under Article 226 of the Constitution, seeking directions against the Municipal Corporation of Delhi ["MCD'] in respect of alleged illegal construction in the subject property bearing No. B-158, First Floor (Double Story), Block-B, Jangpura, New Delhi.

2.

Upon instructions from the petitioners who are present in Court, Mr. Vinay Rathi, learned counsel for the petitioners, seeks permission to withdraw the present petition and approach 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 & W.P.(C) 16716/2024 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 07/12/2024 at 11:46:48

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. Such a course has also been adopted in 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].

3.

Learned counsel for respondent No. 2, who appears on advance notice, submits that there are also civil disputes between the parties who are members of the same family. He states that these facts have not been disclosed in the writ petition. I am of the view that it is unnecessary to enter into this controversy at this stage, as the petitioners, in any event, propose to withdraw the writ petition and approach the administrative mechanism for the redressal of their grievances. 4.

The petition is dismissed as withdrawn, with liberty to approach the STF.

PRATEEK JALAN, J DECEMBER 4, 2024/MR/JM/ W.P.(C) 16716/2024 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 07/12/2024 at 11:46:48