Mohit Tanwar v. South Delhi Municipal Corporation & ORS

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3162/2018, CM Nos. 46074/2018 & 46075/2018 MOHIT TANWAR ..... Petitioner Through:

Mr. Vishal Raj Sehijpal, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondent Through:

Mr. Paritosh Anil, Adv. for R-1/SDMC Mr. Naushad Ahmad Khan, ASC with Ms. Sana Naseem, Adv.

Mr. Sunil Fernandes, SC with Mr. Arnav Vidyarthi, Adv. for R-3

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.11.2018 CM No. 46075/2018 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 3162/2018 & CM No. 46074/2018 This matter pertains to unauthorized construction at Khasra No. 379, Gujar Mohalla, Village Chandan Hulla, New Delhi-110074. 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.

The South Delhi Municipal Corporation of Delhi is directed to file latest status report before the Special Task Force within 15 days from today. Till the matter is taken up by the Special Task Force, all construction

activities in the area shall remain stayed, until and unless granted permission by the Special Task Force.

Parties are directed to appear before the Special Task Force with the certified copy of this order on 12th November, 2018. It is further clarified that in case there is any breach of the interim order passed by this Court, the petitioner shall be at liberty to invoke the jurisdiction of this Court in that respect.

The date already fixed in this matter i.e 14th November, 2018 stands cancelled.

Dasti under the signatures of Court Master.

CHIEF JUSTICE I.S.MEHTA, J NOVEMBER 01, 2018/ak