Court On Its Own Motion v. North Municipal Corporation Of Delhi Through Commissioner & ORS.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9586/2017 COURT ON ITS OWN MOTION ..... Petitioner Through:

Mr. Sanjay, Adv. and Mohd. Irfan Javed Qureshi, Adv. (Amicus Curiae) versus NORTH MUNICIPAL CORPORATION OF DELHI THROUGH: COMMISSIONER & ORS.

..... Respondents Through:

Ms. Mini Pushkarna, SC for NDMC with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Advs.

Mr. Devanshu, Adv. for Mr. Sumeet Pushkarna, SC for R3

CORAM:

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

O R D E R

% 12.02.2019 1.

This petition was initiated on the basis of a letter received from Mohd. Irfan Javed Qureshi, in which he had highlighted unauthorised / illegal constructions in various properties situated in the area of Sadar Pahar Ganj Zone.

2.

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.

3.

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. 4.

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. 5.

Keeping in view the aforesaid, we direct the Registry of this Court to transmit the record of this case to the aforesaid Special Task Force Committee which may proceed in accordance with law. 6.

Learned Amicus Curiae may appear before the Special Task Force to assist them for disposal of this matter.

7.

With the aforesaid, the writ petition stands disposed of. Dasti under the signature of the Court Master. CHIEF JUSTICE V. KAMESWAR RAO, J FEBRUARY 12, 2019/aky