Introduction and Background The Delhi High Court, in a recent judgment, strongly criticized the Municipal Corporation of Delhi (MCD) for its inability to take effective action against illegal constructions, despite having issued a demolition order. The Court's remarks came in the context of a case involving unauthorized construction on land in Rajokri, New Delhi. The petitioner had sought the Court's intervention, alleging that the MCD was not fulfilling its duty to enforce its demolition orders, thereby allowing unauthorized constructions to continue unabated.
Judicial Observations on MCD's Inaction Justice Sachin Datta, presiding over the case, expressed his disapproval of the MCD's conduct, particularly its failure to follow through on its own demolition order issued on October 9, 2023. The Court noted that the MCD had ample opportunity to act but instead remained a "hapless spectator." The Justice emphasized that the Court could not permit a situation where unauthorized constructions flourish unchecked while the responsible municipal authority fails to perform its duties.
Delays and Lapses in Enforcement The High Court highlighted significant lapses on the part of the MCD, particularly its failure to adhere to the timeline set by the Appellate Tribunal of the MCD (ATMCD). The ATMCD had directed the MCD to grant a hearing to the land occupier and issue a fresh order within a month. However, the MCD delayed this process, only issuing a new demolition order in late March 2024. The continued construction by the occupier, despite the demolition order, was noted by the Court as warranting serious action—action that was conspicuously absent.
Allegations of Connivance The High Court also scrutinized the MCD's affidavit, which revealed that the occupier of the property had not allowed the MCD to inspect the land, forcing the municipal body to rely on external inspections. The Court found this excuse unacceptable, particularly criticizing the MCD's inability to identify the specific address or khasra numbers associated with the property. The Court pointed out that such "helplessness" on the part of the MCD lent credence to the petitioner's allegations of collusion between MCD officials and the occupier, thereby questioning the integrity and efficacy of the MCD's enforcement actions.
Court's Directions to the MCD Given the circumstances, the Delhi High Court directed the MCD to conduct a thorough inspection of the unauthorized construction and any similar activities in the neighboring areas. The Court also instructed the police authorities to immediately halt any further unauthorized constructions. Furthermore, the Court emphasized that the respondent authorities' actions should not be hindered by any confusion regarding the land's identification, such as the khasra numbers.
Expedited Resolution of Appeals The Court also took steps to ensure a swift resolution of the legal issues surrounding the case. It directed the ATMCD to expedite the pending appeals related to the unauthorized construction. The case, titled Smriti Bhatia v. Municipal Corporation of Delhi & Ors., underscores the Court's insistence on accountability and prompt action from municipal authorities in addressing illegal constructions.
Conclusion This judgment by the Delhi High Court serves as a stern reminder to municipal authorities of their obligations under the law. The Court's observations reflect a broader concern about the systemic issues that allow unauthorized constructions to persist, often with alleged complicity from those entrusted with enforcement. By holding the MCD to account, the Court seeks to reinforce the rule of law and ensure that unauthorized constructions are not allowed to proliferate unchecked. The case sets a precedent for how the judiciary can play a crucial role in curbing the menace of illegal constructions in urban areas.
 on Illegal Construction){kind=link}
0 Comments
Thank you for your response. It will help us to improve in the future.