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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5910/2023 & CM APPL17350/2024
AYYUB .....Petitioner
Through: Mr. Pankaj Tyagi, Adv.
versus
GOVT. OF NCT OF DELHI ORS. .....Respondents
Through: Ms. Ankita Bhadouriya, Mr. Hardik
Saxena, Mr. Sahaj Karan Singh and
Mr. Manoviraj Singh, Advs. for MCD
Mr. Milind Srivastava, Adv. for R-6
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 30.08.2024
1. The petitioner in the instant writ petition seeks for the following
directions:-
“a) By issuance of writ of mandamus to respondent no. 1-3 to immediately
restrain the respondent no. 6 to remain in the premises of E-O & E-1/A,
Seelampur, Delhi-110053, for which no permission has been ever granted
by the respondent no. 1-3; nor even the said addresses exists in the
records.
b) To direct the Respondent no. 3 to demolish the illegal constructed 2-
storey building, consisting of 8 shops. 4 commercial Godown on the
ground floor and a jeans factory on the first floor of the said property and
other illegal construction having no nexus with the land allotted to build
up the public park.
c) To direct the respondent no. 3 and other concerned department to
develop public park on the said land/property, for which the said land was
sanctioned by the concerned authorities.
d) To direct the Respondent no. 1 to 5 to immediately take legal action
against the relevant officials, who in the garb of policy decision are acting
hand in gloves with people like respondent no 6 & letting the public land to
be converted into private property and for using the public lands/ roads/
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pavements which are being usurp by notorious people like respondent
no.6.
e) To direct the respondent no. 5 to provide police protection to the
officials of respondent no. 1, 2, 3 & 4 for the demolition work on the illegal
constructed 2-storey building and unauthorized 8 shops, a commercial
godown and a godown on the ground floor in which the unauthorized
commercial activities are being carried out by the respondent no. 6.
f) To direct the respondent no. 5 to provide police protection to the
petitioner from the respondent no.6;
Any other or further order, which this Hon’ble court may deem fit and
proper may also be passed in the facts and circumstances of case.”
2. Looking at the nature of the grievance raised in the instant writ
petition, the Court finds that the matter can be effectively looked into by the
STF.
3. This Court, vide an order passed today in W.P. (C) 12033/2024 titled
as Pravin Singhal v. Municipal Corporation of Delhi and Ors., has
examined the scope, role and functions of STF constituted by the DDA vide
notification dated 08.03.2019 and has held as under:-
“6. It is discernible from the aforesaid notification that STF has been
constituted with an aim of comprehensively addressing the issue of
illegal construction and encroachment, including on public land, parking
spaces, roads, pavements, etc., and to oversee the enforcement of
provisions of MPD-21 and the Unified Building Bye Laws for Delhi. The
composition of STF would indicate that the same consists of various
Officers from different Departments, including municipal, civic, revenue
and law enforcement agencies. The Vice Chairman of DDA is the
Chairman of STF and the Commissioner (Planning) of DDA appears to
be its Member Secretary.
7. The said notification further stipulates that STF shall meet at least
once every month. Additionally, the monthly report of STF is required to
be sent to the Hon’ble Lieutenant Governor of Delhi, the Ministry of
Housing and Urban Affairs, GoI, and the Secretary of the Ministry of
Environment, GoI, who are also required to review the progress
achieved quarterly and assess future plans. In essence, STF has been
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vested with comprehensive powers to regulate construction activities and
to act decisively against the erring builders, officials, encroachers,
violators of building norms etc.
***
14. In LPA 245/2019 titled as Sneh Lata & Anr. v. North Delhi
Municipal Corporation & Anr., the Division Bench of this Court, while
highlighting the composition and functioning of STF, has held that STF
is a specialised agency which offers an alternate efficacious remedy to
the litigants aggrieved by the unauthorised construction. The relevant
paragraphs of the said decision are reproduced as under:-
“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 a 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 even the respondent
No.2 has a forum to agitate any grievance that may remain.
It is therefore not appropriate for our court to exercise its
appellate jurisdiction in the matter.
Accordingly, the appellants are free to avail their
statutory remedies before the ATMCD in respect of action
initiated by the corporation by issuing notices under Delhi
Municipal Corporation Act, 1957. On the other hand
respondent No.2 may, if aggrieved, approach the alternate
forum of the Special Task Force to seek amelioration of any
grievances or invoke any other remedy available under law.
Accordingly, parties may resort to the appropriate remedy,
as they may be advised.”
15. A similar view has been taken by the Division Bench of this Court in
a Public Interest Litigation being W.P. (C) 8104/2022 titled as
Himanshu v. East Delhi Municipal Corporation & Anr., in W.P. (C)
4649/2017 titled as Fazruddin v. DDA & Ors., in W.P. (C) 5988/2019
titled as Jaladhar Das v. North Delhi Municipal Corporation & Ors.
and in W.P. (C) 11873/2023 titled as RWA Sunlight Colony v. GNCTD
& Ors.”
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4. Accordingly, the Court, at this stage, is not inclined to interfere or to
keep this petition pending and deems it appropriate to relegate the petitioner
to the STF.
5. In case the petitioner approaches the STF with a proper
representation/complaint, let the STF to decide the same with due
expedition, in accordance with law.
6. With the aforesaid observations, the petition stands disposed of. All
rights and contentions are left open.
PURUSHAINDRA KUMAR KAURAV, J
AUGUST 30, 2024
p’ma
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 04/09/2024 at 12:30:20