SURAJ ARORA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These two writ petitions involve common issue and therefore, they are taken up together and disposed of by this common judgment.

(2.) CWP No.2729/96 is in the nature of Public Interest Litigation in which it is alleged that large scale unauthorised constructions have taken place in the Sarita Vihar flats and although these constructions are illegal, respondents DDA and the MCD have not been taking any steps for removing these unauthorised constructions. While various orders from time to time were passed in this writ petition and the respondents were directed to take action in accordance with law, the flat owners' association got itself impleaded as a party. In some of the order sheets, it is reflected that the respondents DDA and the MCD had taken the stand that some policy was being worked out with regard to unauthorised constructions. We may reproduce the relevant portion of the order dated 5th December, 2000 in this connection:

(3.) It is, thus, clear that notwithstanding pendency of such a policy decision to be taken by the Government, this court had passed the order for demolition of unauthorised constructions which was non-compoundable. The matter progressed in this respect when the DDA and the MCD reported from time to time as to what action they had taken. At this stage the Petitioner Association filed writ petition No.3482/2001.