Dwarka Punarwas Colony (Regd.) v. Municipal Corporation Of Delhi & ORS.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 237/2025 DWARKA PUNARWAS COLONY (REGD.) .....Petitioner Through:

Ms. Binisa Mohanty, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through:

Mr. Mukesh Gupta, Standing Counsel with Mr. Sachin Singh Shahi, Ms. Shashi Gupta and Mr. Arnav Gupta, Advocates for Respondent No.1/MCD.

Ms. Arti Bansal and Ms. Shruti Goel, Advocates for Respondent No.2/DDA.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 10.01.2025 1.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to the Respondents to initiate steps to demolish and prevent unauthorised construction of the temple allegedly constructed on Government land in front of Plot Nos. C285 & C-287, at the corner of park in J.J. Colony, Sector-15, Dwarka. 2.

From a reading of the writ petition, it is evident that Petitioner had earlier preferred a writ petition being W.P.(C.) No. 5347/2019 before this Court seeking a similar prayer which was disposed of on 03.09.2024 with the following observations:

"8. In view of the aforesaid, since the fact that whether there exists unauthorised structure over the public land or who is responsible for its W.P.(C) 237/2025 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 24/01/2025 at 12:42:40

removal etc. are the aspects, which can only be gone into if the appropriate representation is presented before the STF.

9. If the petitioner presents a detailed representation alongwith the copy of this order, let the same be dealt with by STF while extending opportunity of hearing to all concerned parties as expeditiously as possible.

10. With aforesaid observations, the petition stands disposed of alongwith pending application. All rights and contentions are left open." 3.

Pursuant to the liberty granted to the Petitioner, the Petitioner society has submitted representation dated 13.09.2024 before the Special Task Force ('STF'), which was constituted under orders of the Supreme Court dated 24.04.2018 and 18.07.2018 in W.P. (C) 4677/1985 titled M.C. Mehta v. Union of India and Ors.. However, grievance of the Petitioner ventilated in the present petition is that till date, STF has not taken cognizance of the representation made by the Petitioner.

4.

Issue notice.

5.

Learned counsels, as above, accept notice on behalf of the respective Respondents.

6.

Without entering into merits of the case, this writ petition is disposed of with a direction to the STF to take up the representation dated 13.09.2024 of the Petitioner and dispose of the same as expeditiously as possible. Needless to state that this will be without prejudice to the rights and contentions of Respondent No.3, who will be at liberty to take recourse to legal remedies, if so advised.

JYOTI SINGH, J JANUARY 10, 2025 B.S. Rohella W.P.(C) 237/2025 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 24/01/2025 at 12:42:40