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High Court of DelhiW.P.(C)/9785/2018

Vikrant v. The Commissioner, Sdmc And ORS.

2018-09-27Hon'Ble The Chief Justice,Hon'Ble Mr. Justice V. Kameswar Rao3 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9785/2018 VIKRANT ..... Petitioner Through:

None versus THE COMMISSIONER, SDMC AND ORS.

..... Respondents Through:

Mr. Murari Kumar and Mr. Aman Jha, Advs. with Mr. Sunil Chauhan, Asst. Engr. for SDMC/R1.

Mr. Sunil Fernandes, Standing Counsel Mr. Arnav Vidyarthi and Ms. Anju Thomas, Advs. for R2.

Mr. Anjum Javed, Addl. Standing Counsel with Mr. Devendra Kumar and Mr. Faran Ahmed, Advs. for R3 and R4.

CORAM:

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

O R D E R

% 27.09.2018 CM. No. 38127/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 9785/2018 Petitioner has filed this petition and seeks removal of unauthorized construction in property no. D-9, Mustail No.24, Killa No. 21, Shanti Kunj, New Delhi. That apart we are informed that the complaint has already been made with the Special Task Force and the matter is pending before the said

committee.

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.

indicated hereinabove.

The status report presented before us today by the respondent No. 1/SDMC shall be filed by the respondent before the Special Task Force Committee for proceeding with the matter in accordance with law. CHIEF JUSTICE V. KAMESWAR RAO, J SEPTEMBER 27, 2018/jg