The Delhi High Court has directed the Central Bureau of Investigation (CBI) to investigate illegal construction near Nizamuddin ki Baoli and Barakhamba Tomb in the national capital. The Court expressed shock at the scale of unauthorized construction, despite multiple authorities overseeing the matter.
New Delhi: The Delhi High Court has directed the Central Bureau of Investigation (CBI) to launch an investigation into the unauthorized construction undertaken in a sealed building adjacent to the protected monuments of Nizamuddin ki Baoli and Barakhamba Tomb in the national capital.
“The illegal monstrosity as big as a five-story building has come up in the heart of the city… Despite the multiplicity of authorities and the elaborate system of checks and balances, illegal construction is going on in Delhi at a scale unheard of,”
the Bench observed.
A bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora expressed dismay at the occurrence of such activities in the heart of the city and the apparent failure of authorities to understand them.
“The executive seems to be satisfied with the status quo and is unwilling to reform the system by using easily accessible technology such as drones and other methods. In today’s time, MCD is continuing to use tape and string to seal a building and is normally puncturing the roofs partially in the name of demolition. No wonder the sealing and demolition action are having no effect.”
The bench recorded its order.
While acknowledging the registration of an FIR by the Delhi Police, the Court deemed it appropriate to transfer the case to the CBI for thorough investigation.
Furthermore, the Bench emphasized the necessity for structural reforms within the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) to effectively tackle the issue of unauthorized construction.
Consequently, it directed the MCD Commissioner and the Vice-Chairman (VC) of the DDA to institute structural reforms and devise innovative approaches to address encroachments and unauthorized construction in the city.
The Vice Chairman (VC) and Commissioner have been instructed to convene a meeting on this matter and present the minutes of the meeting before the Court.
The Bench expressed concern over this matter, questioning the transformation of the property from a graveyard to a single-room warehouse, then to a two-story building, and ultimately to a five-story structure.
“The executive seems to be satisfied with the status quo and is unwilling to reform the system by using easily accessible technology such as drones and other methods… In today’s time, MCD is continuing to use tape and string to seal a building and is normally puncturing the roofs partially in the name of demolition. No wonder the sealing and demolition actions are having no effect.”
The Bench noted,
The Public Interest Litigation (PIL) filed by the Jamia Arabia Nizamia Welfare Education Society seeks an inquiry into the conduct of officials from the Archaeological Survey of India (ASI) and the DDA.
The petition highlighted that the construction took place merely a few meters away from ASI protected monuments.
During proceedings, the MCD informed the Court that the allegedly illegal guest house is located on land belonging to the DDA. The DDA contended that it was the responsibility of the MCD to regulate and enforce building bylaws in the area and remove illegal encroachments.
Meanwhile, the Delhi Waqf Board claimed ownership of the land on which the property is situated, a claim disprove by the DDA.
CASE TITLE: Jamia Arabia Nizamia Welfare Education Society Vs. Delhi Development Authority through its Vice Chairman and Ors