All India Social Crime & Anticorruption Organization v. South Delhi Municipal Corporation And ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4424/2017 & CM APPL.41309/2017 ALL INDIA SOCIAL CRIME & ANTICORRUPTION ORGANIZATION ..... Petitioner Through:

Mr. Deepak K. Sharma, Mr. Ashish Sharma & Mr. Kunal Vashist, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through:

Mr. Ajjay Aroraa with Mr. Kapil Dutta & Mr. G.D. Mishra, Advs. for SDMC Mr. Sumeet Pushkarna, Standing Counsel for DJB/R-2 Mr. Sunil Fernandes, Standing Counsel with Mr.Arnav Vidyarthi, Adv. for R-3/BSES

CORAM:

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

O R D E R

% 11.10.2018 Petitioner has filed this petition and seeks removal of unauthorised constructions qua properties which are adverted to in para 13 of the writ petition.

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. However, in view of the report submitted by the SDM indicating removal of the encroachment, now no further orders are required to be passed in this writ petition.

In case the petitioner is still aggrieved with the manner in which the encroachment is removed, he may approach the Special Task Force Committee constituted on the directions of Hon'ble Supreme Court.

With the above observations, the writ petition along with pending application stands disposed of.

CHIEF JUSTICE V. KAMESWAR RAO, J OCTOBER 11, 2018 ns