W.P.(C)/6240/2019 of MOOL GRAMEEN VIKAS PANCHAYT BEGUMPUR, KALUSARAI (REGD.) Vs SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6240/2019

MOOL GRAMEEN KALUSARAI (REGD.)

VIKAS PANCHAYT

BEGUMPUR,

..... Petitioner

Through: Mr.I. Singh, Advocate.

versus

SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents

Through: Mr.Ranjeet Pandey, Additional Standing Counsel for South Delhi

Municipal Corporation for R-1 &

Mr.Jawahar Raja, ASC, GNCTD for Respondent nos.2, 3, 4 & 5. Mr.Arjun Pant, Advocate for respondent/DDA.

CORAM:HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE BRIJESH SETHI O R R29.05.2019

CM APPL. 26751/2019 (exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 6240/2019

This matter pertains to alleged encroachment and unauthorized construction in the piece of land admeasuring 358 square yards earmarked

for the people of village Begampur, out of Khasra No.129/62 min, Mauza Patti Hameed Sarai, Abadi ELD-63, Begumpur, New Delhi as indicated in the writ petition.

In matters relating to unauthorised construction, this court has, by detailed 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) taken note of the fact that the Hon'ble Supreme Court is seized of the issue of unauthorised construction in Writ Petition (Civil) No. 4677/1985 titled M.C. Mehta vs. Union of India & Ors, in which case the Apex Court has passed various directions, including those contained in orders dated 24.04.2018 and 18.07.2018. In the backdrop of that matter the Ministry of Housing & Urban Affairs (“MHUA”) of the Government of India has vide Office Memorandum No. O-33011/1/2006-DDI dated 25.04.2018 constituted 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 No. O-33011/1/2006-DDI 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.

The Special Task Force comprises 15 members from various municipal, civic, revenue and law enforcement agencies of Delhi; and even has its own dedicated website and mobile application to facilitate making of complaints. The Special Task Force is therefore specially constituted agency to address grievances relating inter-alia to unauthorised construction; and an aggrieved person may avail the alternate, efficacious

remedy before the Special Task Force.

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 extraordinary jurisdiction in matters relating to unauthorised construction; and we would therefore dispose of the present petition, granting liberty to the petitioner to raise the grievance before the Special Task Force so constituted, in accordance with the scheme and procedure formulated under the aforesaid two Office Memorandums.

However, taking note of the averments made in this petition that parking area earmarked for the residents of village Begumpur has been converted into multi storey buildings, shops, workshop, hotel etc, the Sub-Divisional Magistrate and the South Delhi Municipal Corporation are directed to submit status reports placing everything before the STF and the STF examining the issue shall proceed to ensure that the encroachments, if any, are removed.

The Sub-Divisional Magistrate and the South Delhi Municipal Corporation are also directed to submit status report before the STF within four weeks from today.

This petition is disposed of in the above terms.

CHIEF JUSTICE, J

MAY 29, 2019/ssc

BRIJESH SETHI, J