Samadhaan Aur Niwaran Apradh Aur Bharshatachar Se Through Suhail Khan v. South Delhi M.C.D. Through Executive Engineer Green Park And ORS.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAMADHAAN AUR NIWARAN APRADH AUR BHARSHATACHAR SE THROUGH SUHAIL KHAN..... Petitioner Through:

None versus SOUTH DELHI M.C.D. THROUGH EXECUTIVE ENGINEER GREEN PARK AND ORS.

..... Respondent Through:

Mr. Dhanesh Relan, Standing Counsel, SDMC

CORAM:

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

O R D E R

% 25.10.2018 Petitioner has filed this petition and seeks removal of unauthorized construction with regard to property bearing no. House No.27, Ward No.1, Near Mother Dairy, Near LIC Office, Mehrauli, New Delhi-110030. Vide order dated 13.07.2018, petitioner was directed to file an affidavit clarifying the position as detailed in para 3 of the order. Even though the affidavit has been filed but the position has not been clarified in accordance with the direction as enumerated in para 3 of the order dated 13.07.2018.

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 his complaint before the appropriate Committee as indicated hereinabove.

The status report be filed by the respondent No.1/SDMC before the

Special Task Force Committee for proceeding with the matter in accordance with law.

CHIEF JUSTICE V. KAMESWAR RAO, J OCTOBER 25, 2018 ns