Mohd. Azhar Husain v. Commissioner Of South Delhi Municipal Corporation And ORS..

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7412/2018 and CM APPL. 28319/2018 MOHD. AZHAR HUSAIN ..... Petitioner Through:

Mr. Saroj Kumar Thakur, Adv.

versus COMMISSIONER OF SOUTH DELHI MUNICIPAL CORPORATION AND ORS..

..... Respondent Through:

Ms. Saroj Bidawat, Adv. for R-1 Mr. Alamgir, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 07.03.2019 1.

The petitioner's grievance is in relation to unauthorized construction in property bearing plot No. E-383 Jaitpur Extension Part-II, Badarpur, New Delhi (comprised in Khasra No. 732 of Revenue Village of Jaitpur, New Delhi).

2.

All respondents in the matter are represented. 3.

Respondent No. 1/SDMC has handed-up the latest status report dated 07.03.2019 which recites to the effect that demolition proceedings against the subject property were initiated on 25.05.2016; sealing action was also initiated; subsequent to which demolition order and sealing order have been passed.

4.

The status report further records that vide communication dated 31.05.2016 respondent No. 1/SDMC has sent intimation to Delhi Jal Board and BSES Rajdhani Power Limited for disconnection of water and

electricity connection to the subject property respectively. 5.

It is also stated that action against the subject property was taken on 04.12.2018 ; on which date the second floor, third floor, fourth floor and the entry to the terrace were sealed.

6.

Be that as it may, the petitioner is not satisfied with the action that has been taken.

7.

In the context of the petitioner's grievance, it transpires that in compliance of orders of the Supreme Court in Writ Petition (Civil) No. 4677/1985 titled M.C. Mehta vs. Union of India & Ors, the Ministry of Housing & Urban Affairs ("MHUA") of the Government of India has vide Office Memorandum dated 25.04.2018 constituted a Special Task Force to comprehensively address violations of the provisions of the Unified Building Bye Laws and Master Plan for Delhi-2021 relating inter alia to construction activity and land-use in Delhi.

Vide another Office Memorandum dated 23.05.2018 the MHUA has also formulated an action plan for monitoring construction activities in Delhi and for fixing responsibility in case of violations of the Unified Building Bye Laws and the Master Plan.

8.

Vide order dated 20.09.2018 made in Writ Petition (Civil) No. 1807/2018 titled Devender vs. Government of NCT of Delhi & Ors. (and connected matters) by the Division Bench of this Court presided-over by Hon'ble the Chief Justice, the Court has held that in view of the setting-up of the Special Task Force under directions of the Supreme Court it is not appropriate for our court to exercise jurisdiction in matters relating to unauthorised construction; and has disposed of such matters granting liberty to the petitioners to raise their grievances before the Special Task Force so

constituted, in accordance with the scheme and procedure formulated under the aforesaid two Office Memorandums.

9.

By order dated 24.09.2018 made in a subsequent matter, being Writ Petition (Civil) No. 9938/2018 titled Suresh Chand Goel vs. East Delhi Municipal Corporation, the Division Bench has followed its earlier order dated 20.09.2018 in Writ Petition (Civil) No. 1807/2018, similarly disposing of the writ petition, granting liberty to the petitioner to file a complaint before the Special Task Force. I am informed that the Division Bench has subsequently also made similar orders in other matters. 10.

To be sure, the petitions that were subject matter of the aforesaid proceedings before the Division Bench were petitions filed in public interest and otherwise; and related to contravention not only of sanctioned building plans but also of various laws, including the Delhi Municipal Corporation Act, 1957, the Delhi Development Authority Act, 1957, the New Delhi Municipal Council Act, 1994, the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the Ancient Monuments Preservation Act, 1904 as also encroachment on public land etc. 11.

The aforesaid Special Task Force is a 15-member body with representation of the highest level from all concerned municipal, civic, revenue and law enforcement agencies of Delhi; and is therefore ideally suited for multi-agency, coordinated action against the rampant malaise of breach of various laws, rules and regulations governing building construction and land-use in Delhi.

12.

I am informed that as of date the Special Task Force even has its own dedicated website and mobile application to facilitate making of complaints, thereby making it even easier for parties to take their grievances before the

said agency.

13.

Accordingly, I am of the view that the correct course of action in this matter also would be to dispose of the present writ petition, giving liberty to the petitioner to approach the Special Task Force in accordance with the policy and procedure laid down for the purpose in MHUA's Office Memorandums dated 25.04.2018 and 23.05.2018 and avail the said alternate, efficacious remedy.

14.

This petition is disposed of in the above terms. 15.

Pending applications, if any, also stand disposed of. ANUP JAIRAM BHAMBHANI, J MARCH 07, 2019 nsa