The Delhi High Court has raised concerns over escalating illegal construction in central Delhi, urging immediate action. The court emphasizes the need for structural reforms to address the alarming issue.
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NEW DELHI: On 20th February, the Delhi High Court has raised serious concerns over the escalating issue of illegal construction within the core of the national capital, emphasizing that the scale of unauthorized structures is reaching unprecedented levels. The court, consisting of Acting Chief Justice Manmohan and Justice Manmeet P S Arora, expressed dismay at the lack of respect for the law among builders and called for immediate attention to curb the menace of encroachment and illegal constructions.
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The court highlighted the urgent need for structural reforms in the functioning of authorities involved, namely the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD). It pointed out the inefficiencies in the current system, stating-
“This court is of the view that structural reforms are required in the working of respondents (authorities) to deal with illegal and unauthorized constructions of such giant magnitude.”
Addressing the issue of overlapping jurisdiction, the court emphasized the necessity of clear and cogent practice directions to resolve the challenges posed by unauthorized constructions.
The court criticized the outdated methods employed by the MCD in sealing buildings, stating that the use of tapes and strings lacks efficacy in deterring illegal activities. It noted the reluctance of the executive to embrace modern technologies like drones, satellite images, and digital maps that could easily detect encroachments on a massive scale.
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The court’s directive came in the context of a case transferred to the Central Bureau of Investigation (CBI) by the Delhi High Court, concerning the unauthorized construction of a guest house near the centrally protected Nizamuddin ki Baoli and Barakhamba Tomb.
The case originated from a public interest litigation filed by the NGO Jamia Arabia Nizamia Welfare Education Society, revealing concerns about
“illegal and unauthorized construction” at “Khasra number 556 Ziyrat guest house near Baoli gate, Hazrat Nizamuddin Dargah near police booth.”
The court highlighted the negligence of both the MCD and the DDA in taking action against the unauthorized construction, which allegedly occurred on the upper floors of a previously sealed guest house, built illegally on DDA land near historical monuments.
During the proceedings, the MCD counsel revealed that even the ground, first, and second floors were illegal as the land belonged to the DDA and had been encroached upon. The DDA counsel, on the other hand, argued that it is the primary responsibility of the MCD to regulate and enforce building bye-laws in the area.
The court acknowledged that the property in question had been demolished entirely but noted the transformation from unauthorized construction to encroachment. It deemed encroachment as the “worst form of civil wrong” and stressed the need to fix administrative responsibility.
Expressing dissatisfaction over the authorities’ failure to prevent the construction of a five-storey building, the court questioned-
“How can it be that all authorities failed to take action against an illegal monstrosity as big as a five-storey building?”
The court directed the MCD commissioner and the DDA vice chairman to conduct inquiries and ensure accountability for their officials. It emphasized the need to examine the roles of all parties involved in the illegal construction of the guest house.
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In response to the court’s scrutiny, the Delhi Waqf Board filed an impleadment application, asserting ownership of the land. However, the DDA opposed the application.
Advocate Rakesh Lakra, representing the petitioner, argued that the DDA, MCD, Delhi Police, and the Archaeological Survey of India failed to halt the construction near the two centrally protected monuments. Lakra highlighted the existence of numerous illegal and unauthorized guest houses in the area, posing a threat to the environment, heritage, and cultural significance.
