Dismissed

Parivartan Foundation v. South Delhi Municipal Corporation and Ors.

Delhi HC3 Oct 2018W.P.(C)/4657/2018

Case brief

AI extract

What is this about?

This high court disposed of a writ petition seeking removal of unauthorized constructions. The court held that the petition's purpose was fulfilled by Supreme Court directions and DDA mechanisms, providing liberty to file complaints before the appropriate committee.

What did the court decide?

Liberty to file complaint before appropriate Committee; Respondent No. 1 to file status report before Special Task Force Committee.

Parivartan Foundation Vs South Delhi… — Constitutional and Fundamental Rights | Delhi HC (2018)

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$~23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 4657/2018

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PARIVARTAN FOUNDATION ..... Petitioner Through: Mr. Deepak Sharma, Mr. Ashish Sharma and Mr. Kamal Vashisht, Advs.

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versus

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SOUTH DELHI MUNICIPAL CORPORATION AND ORS. ..... Respondents Through: Mr. Ajjay Arora and Mr. Kapil Dutta, Advs. for SDMC/R1. Mr. Sunil Fernandes, Standing Counsel with Ms. Anju Thomas and Ms. Priyansha Sharma, Advs. for R3. Mr. Anumpam Srivastava, ASC for GNCTD with Ms. Niharika, Adv. for R4 and R5.

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO O R D E R % 03.10.2018

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CM. No. 17962/2018 (for exemption)

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Exemption allowed subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 4657/2018

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Petitioner has filed this petition and seeks removal of unauthorized constructions in properties mentioned in Para 13 of the petition.

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In the matter of illegal/unauthorized construction, this Court has

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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.

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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.

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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.

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Keeping in view the aforesaid, the purpose of the present writ petition filed before us in public interest stands fulfilled.

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Accordingly, this writ petition is disposed of with liberty to the petitioner to file his complaint before the appropriate Committee as indicated hereinabove.

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Respondent No. 1/SDMC shall file a status report before the Special

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Task Force Committee for proceeding with the matter in accordance with law.

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CM. No. 23689/2018 (for direction)

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Dismissed as infructuous.

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CHIEF JUSTICE

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V. KAMESWAR RAO, J OCTOBER 03, 2018 /jg

Parivartan Foundation v. South Delhi Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Parivartan Foundation v. South Delhi Municipal Corporation and Ors.

Case brief

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What did the court decide?

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