Delhi High Court
Keshav Kunj Residents Welfare vs D.D.A. & Ors on 10 February, 2010
Author: G. S. Sistani
6
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 18594/2005
KESHAV KUNJ RESIDENTS WELFARE ..... Petitioner
Through: Mr.Anil Panwar, Advocate
versus
D.D.A. & ORS. ..... Respondent
Through: Mr.Nitin Bhardwaj, Advs. for Rs- 3 & 4
Mr.Neeraj Chaudhary, Adv. for DDA
Mr.G.A. Madani, Advocate for the
respondent Nos.5, 6, 8, 9, 11 & 13
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
ORDER
% 10.02.2010
1. In this case petitioner is a Residents Welfare Association registered
with the Registrar, Cooperative Societies. Present petition has been
filed impugning therein non-action of respondents no.1 and 2 to
demolish the illegal and unauthorized construction raised by
respondents no.3-13 and other members/ residents of respondent
no.3 in NDMC Employees Cooperative Group Housing Building
Society, which according to the petitioner has been raised in
contravention of the Building Bye-laws and sanctioned plan.
2. During the pendency of this matter vide order dated 22.01.2008 this
Court had observed that it was admitted by the DDA in the counter
affidavit that there is unauthorized construction and even
encroachment on public land. DDA was directed to file status report
after surveying the entire colony, clearly indicating the flat numbers
where unauthorized construction exists and whether the same is
compoundable and if so to what extent and what action has been
taken by the DDA.
3. The allegation of petitioner is that DDA is hand in glove with some of
the respondents, who have raised unauthorized construction in their
flats. It has also been alleged that one of the respondents is
working in the L&DO and he is taking advantage of his position to
influence the officials of the DDA.
4. By order dated 22.01.2008 this Court had issued directions to DDA
to take action against the encroachment on public land, in
accordance with law. As the DDA failed to file status report, the
concerned Commissioner was directed to remain present. In the
order of 20.07.2009 this Court had observed that pursuant to the
orders passed, unauthorized illegal constructions have been
removed from plot Nos.14, 27, 28, 42, 50, 80, 81, 88, 89, 112, 113,
145, 153, 197, 198 and 205. Time was sought by the DDA to file
report along with the photographs. When the matter came up for
hearing on 07.12.2009 petitioner had made a categorical allegation
against the office of the DDA for not taking appropriate action with
respect to the flats bearing nos.A-2, A-16, C-193, C-195, C-197 and
C-128 where unauthorized construction has been carried out,
whereupon DDA was directed to file specific affidavit with regard to
flats mentioned.
5. Counsel for DDA has drawn attention of the Court to the additional
affidavit filed on 5.12.2009. In this additional affidavit it has been
stated that vide additional affidavit dated 18.07.2009, the DDA has
given details regarding demolition programme which was carried
out on 25.6.2009 for removal of unauthorized construction (non-
compoundable) which existed as on the date of demolition in the
NDMC Cooperative Group Housing Society and photographs were
also filed. In this additional affidavit, DDA has deposed that the
allegations made by the petitioners are mis-placed as far as flat
No.C-197 is concerned, as the DDA has demolished the existing
room which was existing on the terrace of the flat. With regard to
the allegations regarding flats No.A-2, A-16, C-193, C-194, C-197 and
area below flat No.128, the allegations are misconceived. It has been
stated that the unauthorized construction which has been referred to
by the petitioner are part of the proposed scheme for regularization. It
has also been stated that the society has according to the scheme
proposed for extending its FAR as well as ground coverage which
scheme is pending with the DDA.
6. Counsel for the petitioner has filed a reply wherein petitioners have
disputed the factual position.
7. It may be noticed that during the pendency of this writ petition since
the year 2005 various actions have been taken by the DDA. DDA is
directed to consider the application(s) of the flat owner(s) for
regularization if pending, within a time bound programme and in case
it is found that unauthorized construction cannot be compounded or
regularized and /or in case it is found that the flat owners are not
cooperating with the DDA and not supplying the necessary information,
DDA shall initiate action against them where unauthorized
construction exists as mentioned in the last order of this Court
dated 7.12 2009.
8. Counsel for DDA submits that the case, of regularization of the
construction, of the flat owners shall be considered within a period
of eight weeks from receipt of this order and thereafter in case
regularization /compounding is not possible, DDA will initiate action
for demolition of the unauthorized construction in accordance with
law. DDA shall also consider the scheme, if any, filed on their behalf
by the society and initiate action within six weeks thereafter. Let
the compliance report, with advance copy to the petitioner, be filed
in this writ petition.
9. Petition stands disposed of in above terms.
CM.No.12046/2005 (STAY)
10. In view of order passed in the writ petition, nothing further survives
in this application and the same is disposed of.
G.S. SISTANI, J.
February 10, 2010
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