Keshav Kunj Residents Welfare v. D.D.A. & Ors.

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 2010:DHC:841 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 (noncompoundable) 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 'ssn’