Dismissed

Paardarshita Public Welfare Foundation (Ngo) v. Commissioner North Delhi Municipal Corporation & Ors.

Delhi HC3 Oct 2018W.P.(C)/4719/2018

Case brief

AI extract

What is this about?

This order disposes of a public interest writ petition seeking removal of unauthorized construction. The Court held that the State's mechanisms, specifically a Special Task Force by the DDA following Supreme Court directions, fulfill the petition's purpose, granting the petitioner liberty to file complaints directly.

What did the court decide?

Petition disposed with liberty to petitioner to file complaint before appropriate Committee; Respondent to file status report.

Paardarshita Public Welfare Foundation (Ngo) Vs… — Writ and Judicial Review | Delhi HC (2018)

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 4719/2018

¶4

PAARDARSHITA PUBLIC WELFARE FOUNDATION (NGO) ..... Petitioner

¶5

Through: Mr. Harkrishan Das Nijhawan, Petitioner in person.

¶6

versus

¶7

COMMISSIONER NORTH DELHI MUNICIPAL CORPORATION & ORS. ..... Respondents Through: Mr. Ajjay Arora and Mr. Kapil Dutta along with Mr. Kumar Mahendru (K.B. Zone), North DMC/R1. Mr. Rajesh Gogna, CGSC for R2.

¶8

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

¶9

O R D E R

¶10

% 03.10.2018

¶11

Petitioner has filed this petition and seeks removal of unauthorized and illegal construction carried out by the Salwan Education Trust in Salwan Schools at Old Rajendra Nagar, New Delhi - 110060.

¶12

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.

¶13

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.

¶14

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.

¶15

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

¶16

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

¶17

Respondent No. 1/NDMC shall file a status report before the Special Task Force Committee for proceeding with the matter in accordance with law.

¶18

CHIEF JUSTICE

¶19

V. KAMESWAR RAO, J

¶20

OCTOBER 03, 2018 /jg

Paardarshita Public Welfare Foundation (Ngo) v. Commissioner North Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

Paardarshita Public Welfare Foundation (Ngo) v. Commissioner North Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madan Lal Vs Ifci Ltd. & Ors.

Shri Om Prakash Vs Land and Building Department

Chet Ram Vs Land & Building Department

Jaiveer Singh Vs Land & Building Department

Ndmc Thr Director Vs M.P.Dwivedi & Ors.

Gauri Maulekhi Vs Government of NCT of Delhi & Ors.

Rajeev Sharma Vs Shri Raj Kumar & Ors.

Ajit Singh & Ors. Vs Union of India & Ors.

Arun Krishnan and Anr. Vs Union of India and Ors.

Om Parkash and Anr. Vs Union of India and Ors.

Centre for Public Interest Litigation Vs Union of India & Ors.

Mohd Khalid Ansari Vs Union of India and Ors.

Parivartan Foundation Vs South Delhi Municipal Corporation and Ors.

Sunny Paul Vs State of NCT of Delhi & Ors.