BIHARI LAL JALAN Vs. D D A

JUDGEMENT

(1.) . These petitions concern the residential colony of Basant Enclave, SFS Flats, (hereinafter referred to as "Basant Enclave") New Delhi. The questions that arise for consideration in these petitions being common were heard together and are being disposed of by a common judgment. The issues involved pertain to the unauthorised building activities past, present and future, in the said Basant Enclave and the alleged inaction on the part of the respondent Authorities which include the DDA and the MCD in curbing this menace.

(2.) . These petitions which have been filed at different points of time starting from 1992 to 2001 have a chequered history inasmuch as several orders during the pendency of these petitions have been passed by this Court and several reports of various authorities have been filed on the record. We need not go into detail of all these orders and/or reports. However, in order to appreciate the nature of the issues involved and to finally dispose these matters, it would be necessary to deal with each of the petitions. CWP 2034.1992.

(3.) This was the first petition with regard to Basant Enclave that was filed before this Hon'ble Court and it was argued as the main or lead matter. In this petition a writ of mandamus was sought for directing the respondents and particularly the DDA and the MCD to discharge their obligations as provided under the laws and building bye-laws for preventing illegal and unauthorised building activities in the said Basant Enclave. Inter alia, a mandamus was also sought against the respondents to take action by demolishing/removing the unauthorised portion or portions of the flats comprised in the said Basant Enclave. The extent and the brazen manner in which unauthorised construction was carried out and continued despite peremptory orders of this court will be clear from a reading of the order sheet in this petition.