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Judgment
This Original Application has been filed by DDA Building (Laxmi Nagar) Office Owner Welfare Society with the complaint that the DDA Building at Plot No. 4, Laxmi Nagar District Centre, has an earmarked parking space which was auctioned by the MCD to the current contractor. The said contractor was operating the parking in the designated space but with the increase of number of vehicles, the contractor, with the malafide intention, has started encroaching the green open space in the building. It is alleged that though the complaints were made to the authorities but no action was taken.
The Tribunal considering the allegations made in the application, vide order dated 06.04.2023 had noted that the question relating to environment arose in the complaint and had accordingly issued notice to the respondents and had constituted a joint Committee by passing the order to the following effect:-
In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of MCD, Delhi Development Authority (DDA) and Delhi Pollution Control Committee (DPCC) and direct the same to undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and suggest appropriate remedial action. The DPCC will be the nodal agency for coordination and compliance.
Factual and Action taken Report may be submitted on or before 30.04.2023 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
The joint Committee had carried out the inspection and has submitted the report finding that there was no encroachment, however, the fencing was found to be broken.
The report of the joint Committee dated 27.04.2023 reads as under:-
· “ As per information provided by DDA, plot No. 4, DDA Building falls under Laxmi Nagar District Centre which has commercial land use as per Zonal Development Plan of Master Plan of Delhi-2021 (copy enclosed).
· The possession of parking site (Cluster laxmi Nagar) showing Plot No. 4, DDA Building Nirman Vihar showing basement Plot No.4, Marian Vihar( Laxmi Nagar) and in Plot No.5 & 9, Pragati Mall near Nirman Vihar metro station vide letter no AC/RPC/MCD/2023/0-1738 dated 11.01.2023 has been allotted by MCD to M/s. Monty, C-3/31, Block-C, Nand Nagri, Delhi-110093, Parking Contractor for operation of temporary surface parking to operate the same w.e.f 12.01.2023 for a period of .3 years & extendable for 2 years subjected to satisfactory performance of firm (copy of letter enclosed).
· As observed by the Joint Committee during inspection, fencing behind designated parking space was found partially broken, however no encroachment was observed. The parking area will be temporarily demarcated & thereafter broken fencing will be repaired by DDA (photographs taken during inspection enclosed) and MCD to ensure that parking contractor may not cause any kind of encroachment.
· As informed by applicant, Sh. Ashok Kumar Gupta, the area in question is green area which currently in possession of DDA, however as informed by DDA officials the said land is part of integrated scheme of Laxmi Nagar District Centre, land use of which is commercial.
· The committee has observed that at present there is dry garbage, some broken furniture, fell leaves from surrounding trees etc. in the space & in meeting the Joint Committee has asked DDA officials to clear the space within 10 days from joint inspection (i.e. 27.04.2023) and photographs of the same will be provided to the. Joint Committee.”
As per the above report, the parking area has now been temporarily demarcated and the broken fencing is to be repaired by the DDA to ensure that no encroachment is done by the contractor. The observation of the Committee about commercial land use has been disputed by the applicant but in view of the above report, at this stage, we need not go into this issue.
Needless to say, the contractor cannot be permitted to encroach upon any area having the green cover. Hence, the concerned Traffic Commissioner and the Municipal Corporation of Delhi are directed to ensure that no such encroachment by the parking contractor is done and that the parking is done only at the demarcated area.
The Original Application is accordingly disposed of.