W.P.(C)/354/2018 of USHA Vs NORTH DELHI MUNICIPAL CORPORATION AND ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) No. 354/2018 & CM APPL. No. 10142/2018USHA..... PetitionerUSHA..... Petitioner

Through:Mr. Rahul Sharma & Mr. MukeshSharma, Advs.Sharma, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION AND ORS

..... Respondents

Through:Mr. Ajjay Aroraa & Mr. Kapil Dutta,Advs. for North DMC.Advs. for North DMC.

Mr. Devesh Singh, ASC for GNCTDwithMs.UrvashiTripathi&Ms.Sukriti Ghai, Advs. for R2 andR3.withMs.UrvashiTripathi&Ms.Sukriti Ghai, Advs. for R2 andR3.

CORAM:HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANIO R R%11.02.2019

The petitioner is aggrieved by alleged unauthorised construction onland comprised in Khasra No. 69/5(4-16) and 69/6(4-16) Village Burari,Delhi.

At the outset, Mr. Ajjay Aroraa, learned Standing Counsel appearingfor respondent No. 1/North DMC states that the petition lacks specificityinasmuch as the khasra number indicated in the prayer comprises around10,000 sq. yards of land, lot of which is vacant land ; and the petitionerought to be more specific as to which property/ies he is seeking action

against.

That notwithstanding, status report dated 06.10.2018 filed byrespondent No. 1/North DMC states that the subject property was inspectedby the field staff on 17.08.2018; unauthorised construction was noticed andthe same was booked for action; and after following procedures, demolitionorder was passed on 26.09.2018; subsequent to which demolition action hasbeen taken against the offending portions on 05.10.2018.

As is evident however, the petitioner is not satisfied with the actionthat has been taken.

In the context of the petitioner’s grievance, it transpires that incompliance of orders of the Supreme Court in Writ Petition (Civil) No.4677/1985 titled M.C. Mehta vs. Union of India & Ors, the Ministry ofHousing & Urban Affairs (“MHUA”) of the Government of India has videOffice Memorandum dated 25.04.2018 constituted Special Task Force tocomprehensively address violations of the provisions of the UnifiedBuilding Bye Laws and Master Plan for Delhi-2021 relating inter alia toconstructionactivityandland-useinDelhi.VideanotherOfficeMemorandum dated 23.05.2018 the MHUA has also formulated an actionplan for monitoring construction activities in Delhi and for fixingresponsibility in case of violations of the Unified Building Bye Laws andthe Master Plan.

Vide order dated 20.09.2018 made in Writ Petition (Civil) No.1807/2018 titled Devender vs. Government of NCT of Delhi & Ors. (andconnected matters) by the Division Bench of this Court presided-over byHon’ble the Chief Justice, the Court has held that in view of the setting-upof the Special Task Forceunder directions of the Supreme Court it is not

appropriate for our court to exercise jurisdiction in matters relating tounauthorised construction; and has disposed of such matters granting libertyto the petitioners to raise their grievances before the Special Task Force soconstituted, in accordance with the scheme and procedure formulated underthe aforesaid two Office Memorandums.

By order dated 24.09.2018 made in subsequent matter, being WritPetition (Civil) No. 9938/2018 titled Suresh Chand Goel vs. East DelhiMunicipal Corporation, the Division Bench has followed its earlier orderdated 20.09.2018 in Writ Petition (Civil) No. 1807/2018, similarly disposingof the writ petition, granting liberty to the petitioner to file complaintbefore the Special Task Force. I am informed that the Division Bench hassubsequently also made similar orders in other matters.

To be sure, the petitions that were subject matter of the aforesaidproceedings before the Division Bench were petitions filed in public interestand otherwise; and related to contravention not only of sanctioned buildingplans but also of various laws, including the Delhi Municipal CorporationAct, 1957, the Delhi Development Authority Act, 1957, the New DelhiMunicipal Council Act, 1994, the Ancient Monuments and ArchaeologicalSites and Remains Act, 1958 and the Ancient Monuments Preservation Act,1904 as also encroachment on public land etc.

The aforesaid Special Task Force is 15-member body withrepresentation of the highest level from all concerned municipal, civic,revenue and law enforcement agencies of Delhi; and is therefore ideallysuited for multi-agency, coordinated action against the rampant malaise ofbreachofvariouslaws,rulesandregulationsgoverningbuildingconstruction and land-use in Delhi.

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

Accordingly, I am of the view that the correct course of action in thismatter also would be to dispose of the present writ petition, giving liberty tothe petitioner to approach the Special Task Force in accordance with thepolicy and procedure laid down for the purpose in MHUA’s OfficeMemorandums dated 25.04.2018 and 23.05.2018 and avail the saidalternate, efficacious remedy.

This petition is disposed of in the above terms.

Pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J.

FEBRUARY 11, 2019/uj