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Judgment
Grievance in this application is against unauthorized constructions in the area of Uttam Nagar, Delhi. Case of the applicant is that large scale illegal constructions have taken place under the nose of the administration, adversely affecting the environment in and around Delhi. No action is taken against illegal activities of the builder mafias. Building bye-laws are not followed. Applicant filed following complaints to the authorities:
"On 05.04.2021, a complaint was preferred by the Applicant before the respondent authorities against the ongoing unauthorised construction taking place at different properties as below mentioned:-
i. Property bearing no. E-16, Peepal Wala Road, Mohan Garden, New Delhi-110059 admeasuring 1100 sq. yds. wherein the builder had constructed 48 (Forty Eight) Number of Flats each consisting 2-3 Bedrooms and at ground floor of the property 8 commercial shops and approx. 5ft. Chajjas have been extended at the MPL land over which balconies have been constructed, the construction at the site has been done without any application or approval of sanctioned plan and;
ii. Property bearing no. WZ-1206, Nangal Raya, New Delhi, West Zone, Rajouri Garden, South DMC, construction of two Flats at each floor into a property admeasuring of total area 300 sq. yds. wherein Chajjas have been extended on the MPL land over which balconies have been constructed and the construction in the said property was being done without obtaining of any sanction plan.
On 07.04.2021, a complaint was preferred by the Applicant against the ongoing unauthorised/illegal construction at Property no. RZ-4, B-95, Jain Park, Matiala Road, Uttam Nagar, New Delhi110059, where construction of 80 Flats consisting 2-3 Bedrooms each was being carried out in total area of 1800 sq. yds. and at ground floor multiple shops and approx. 5ft. Chajjas had been extended at the MPL land over which balconies have been constructed without the sanctioned plan.
On 08.04.2021, a complaint was preferred to deputy comm1sswner, Najafgarh zone, South DMC, Delhi about the unauthorised construction at the aforementioned properties addressed also to Sh. Gyanesh Bharti, Commissioner, South DMC, S.P.M. Marg, Civic Centre, Delhi, also for Property bearing no. 287-288-289, Om Vihar, Nawada Village, New Delhi- 110059 admeasuring 2200sq. yds., where another 100 flats consisting 2-3 bedrooms was being constructed. The complaints were duly received and acknowledged."
Further complaints were filed by the applicant against many other illegal constructions as follows:
"On 13.04.2021, complaints against all the properties mentioned above, was then escalated and preferred before The Deputy Commissioner of Police, Special Task Force, Punarwas Bhawan, I.P. Estate, New Delhi.
On 16.06.2021, a reminder-I was sent to the Deputy Commissioner of Police, Special Task Force, Punarwas Bhawan, I.P. Estate, New Delhi with respect the illegal constructions taking place as reported before.
On 23.06.2021, a complaint was preferred by the Applicant against the unauthorised construction at property no. 286-287-288-289 (khasra no. 19-20) Om Vihar, Nawada Village, New Delhi-110059, admeasuring 2200sq. yds., carrying on construction of 100 flats consisting 2-3 bedrooms each.
On 01.08.2021, a complaint was preferred against the unauthorised construction in 1800 sq. yds. at property adjoining to The Aman Green Banquet Hall, WZ-50 A, Mohalla Chhotial, Pallam Village, New Delhi-110045 (ward 54s), before the Najafagarh Zone of SDMC, carrying out construction of 14 flats at each floor and that the ongoing construction has restricted the access of sunlight and air.
10.08.2021, a reminder-II was sent to the Deputy Commissioner of Police, Special Task Force, Punarwas Bhawan, I.P. Estate, New Delhi. A complaint was preferred to the Deputy Commissioner, Najafgarh Zone, SDMC, Delhi, against the unauthorised construction in a 1800 sq. yds. property adjoining to The Aman Green Banquet Hall, WZ-50 A, Mohalla Chhotial, Pallam Village, New Delhi-45 (ward 54s), Najafagarh Zone, SDMC, carrymg on construction of 14 flats at each floor and that the ongoing construction has restricted the access of sunlight and air.
On 13.08.2021, applicant made a complaint against the illegal and unauthorised construction at property no. A5/II, Mohan Garden, Main Najafgarh Road, Uttam Nagar, New Delhi, West Zone, South Delhi Municipal Corporation. The approx. size of the property is 1000 sq. yds. and at present the construction is taking place at 3rd floor and at comer portion (ground floor) there is a Wine and Bear Shop and the property is adjoining to Silver Pearl Party Hall. The ongoing construction is going without a sanctioned plan.
Another complaint for unauthorised ongoing construction is made against the property no. J1/162, Rajouri Garden, New Delhi-110027 which is also going without the sanctioned plan."
We have heard learned Counsel for the Applicant.
Undoubtedly, illegal constructions adversely impact the environment and need to be regulated and controlled. Primary responsibility to do so is of the statutory regulators and the State. The Tribunal can normally consider the issue against identified violators within the statutory limitation. In the present case, neither the violators have been impleaded nor date of encroachment mentioned, so as to ascertain limitation. Application merely alleging large scale violations cannot be entertained.
The application is accordingly disposed of without prejudice to any other remedies of the applicant, including the remedy of approaching the concerned authorities in the first instance with necessary particulars of violations, in accordance with law.
In view of order passed in the main application, IA Nos. 211/2021 and 215/2021 also stand disposed of.