Karishma Residents Welfare Association and Forum v. Municipal Corporation of Delhi & Ors

order to be communicated to the STF at stf.dda18@dda.org.in

¶16Insofar as the second prayer of dissolution of the Managing Committee is concerned, the same is bereft of any merit and it is clear that the Petitioner Association's members also wish to pursue their political agenda in the Society before this Court, which cannot be permitted.

¶17The Petitioners are also free to approach the Registrar Co-operative Societies (hereinafter 'RCS') for any reliefs. If any complaint is submitted, the RCS shall take up the matter expeditiously.

¶18The petition is disposed of in the above terms. Pending application(s), if any, shall also stand disposed of. PRATHIBA M. SINGH JUDGE RAJNEESH KUMAR GUPTA JUDGE MARCH 18, 2025/nd/ck

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th March, 2025 + KARISHMA RESIDENTS WELFARE ASSOCIATION AND FORUM .....Petitioner Through: Mr. S. Ghosh, Advocate. versus MUNICIPAL CORPORATION OF DELHI & ORS. ....Respondents Through: Mr. Lalltaksh Joshi and Ms. Ananya Sanjiv Saraogi, Advocates for R-2. Mr. Rajesh Srivastava, Advocate for R-3. Mr. Rajshekhar Rao, Senior Advocate with Mr. Nakul Mohta, Mr. Arihant Singh and Mr. Yashraj Samant, Advocates for R-5. (M: 9821446537). Mr. Bharat Monga, Advocate for R-6 and R- 7. (M: 9354296293). Mr. Mukesh Gupta and Mr. Sachin Singh Shahi, Advocates for MCD. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Pratibha M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 15750/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. 3. The present petition has been filed by the Petitioner Association- Karishma Residents' Welfare Association and Forum AudyogicKaramchari Cooperative Group Housing Society Ltd. under Article 226 of the Constitution of India,inter alia,seeking removal of encroachments and unauthorized construction by certain members of the AudyogicKaramchari Cooperative Group Housing Society Ltd., Patparganj, which has about 260 flats. 4. The Petitioner Association claims to be an Association registered on 19th February, 2025 and having 20 members.Their list is set out below :- " " 5. The flat numbers of the members at Sl. No. 9, 10 and 12 above are: i) Mr. Rajesh Singh Gusain- Flat No. 83 ii) Mr. Vivek Anand- Flat No. 185 iii) Mr. Vijay Kumar- Flat No. 47 6. The allegation in the present petition is that despite the various complaints being made against Respondent Nos. 3 to 7 the unauthorized encroachments and illegal construction are not being removed. 7. The submission on behalf of the Respondents is that the present petition is completely mala fide inasmuch as, the Petitioner Association has been formed bypersons, who contested the elections for the Managing Committee of the AudyogicKaramchari Cooperative Group Housing Society and lost. The Respondents seek to place on record photographs to show that the Petitioners themselves have encroachments and have done unauthorised construction. 8. Mr. Rajshekhar Rao, ld. Senior Counsel appearing for Respondent No.5 has brought to the notice of this Court, the order passed in Himanshu vs. East Delhi Municipal Corporation and Anr. W.P.(C) 8140/2022on 31st July 2023, where, in such matters, the Special Task Force (hereinafter 'STF')has been constituted pursuant to the orders of the Supreme Court in W.P.(C) 4677/1885 titled as 'M. C. Mehta vs. Union of India' passed on 24th April 2018 and 18th July 2018. According to him, the STF would be the appropriate body to look into this matter. 9. In the opinion of this Court, when petitions for removal of unauthorized construction and encroachments are filed by third parties, themembers of the Petitioner Association themselves ought to come with clean hands. In order to verify the allegations made against the Petitioners, there ought to be a report to check if themembers of the Petitioner Association themselves have not indulged in any encroachments and unauthorized construction. 10. Let the Municipal Corporation of Delhi (hereinafter 'MCD') inspect the flats of all the 20 members of the Petitioner Association, whose names are set out above with the flat numbers and file a report if there is any unauthorized constructions and encroachment in their flats first. 11. The MCD shall also do a survey and see if there is any unauthorized construction in the Society, in the other flats as well. 12. The observations of the coordinate Bench in Himanshu(supra) vide order dated31st July 2023, are set out below: - "3. Mr. Manu Chaturvedi, learned counsel for MCD, at the outset, states that a Special Task Force [hereinafter 'STF'] has been constituted by the DDA, pursuant to orders of the Supreme Court in W.P.(C) 4677/198