"The issue of overlapping jurisdiction needs to be resolved by issuing clear directions."
The Delhi High Court on Tuesday observed that illegal construction is going on in the heart of the national capital at a scale previously unheard of, despite the multiplicity of authorities and an elaborate system of checks and balances.
The high court said it seemed that there was no respect for law amongst the builders and directed the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) to put structural reforms in place and devise new strategies to deal with the menace of encroachment as well as illegal and unauthorised construction.
"This court is of the view that structural reforms are required in the working of respondents (authorities) to deal with illegal and unauthorised constructions of such giant magnitude. The issue of overlapping jurisdiction needs to be resolved by issuing clear and cogent practice directions," a bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora said.
The high court said in today's time, the MCD is continuing to use tapes and strings to seal a building and is normally puncturing the roofs partially in the name of demolition which is why the sealing and demolition action is not having a deterrent effect.
It added that the executive seems to be satisfied with the status quo and is unwilling to reform the system by using easily accessible technologies like drones, satellite images and digital maps which would easily detect encroachments and illegal constructions done at a massive scale.
The court passed the order while transferring to the Central Bureau of Investigation (CBI) a case registered by the Delhi Police concerning unauthorised construction of a guest house near centrally protected Nizamuddin ki Baoli and Barakhamba Tomb.
The bench was hearing a public interest litigation by NGO Jamia Arabia Nizamia Welfare Education Society claiming that "illegal and unauthorised construction" was being done at "Khasra number 556 Ziyrat guest house near Baoli gate, Hazrat Nizamuddin Dargah near police booth".
The court noted that neither the MCD nor the DDA acted against the unauthorised construction, which was stated to have taken place on the upper floors of an already sealed guest house that was illegally built on DDA land near the monuments.
It noted that three additional floors were constructed without obtaining any sanction or permission from the MCD or any other agency.
The MCD counsel stated that even the ground, first and second floors were illegal as the land belonged to the DDA and had been encroached upon. He said the DDA is the primary agency that should have taken steps to protect its property.
The DDA counsel said it is the primary responsibility of the MCD to regulate and enforce the building bye-laws in the area and take necessary action against unauthorised construction.
The counsels for the MCD and the DDA informed the court that the property has now been demolished in its entirety.
The court noted that the nature of the construction changed from unauthorised and illegal to encroachment, and observed that "encroachment is the worst form of civil wrong as it is like committing dacoity as the land-owning agency loses its land in the process and the public at large loses a valuable asset".
It said that even if there was a dispute on the ownership of the land, it was not understood how the property changed hands, how its nature changed and how fresh construction was carried out.
"The property in question is a stone's throw away from the local police booth. From the documents on record, it is not clear as to how the property from a graveyard to a single-room godown became a two-storey building and then a five-storey building. No permission or sanction from any statutory authority has been placed on record," the bench said.
"Despite multiplicity of authorities and an elaborate system of checks and balances, illegal construction is going on in the city at a scale previously unheard of and that too at (in) the heart of Delhi. It seems there is no respect for law amongst the builders," it said.
The court said the administrative responsibility needs to be fixed and the role of the parties involved in the illegal construction of the guest house needs to be examined. It directed the MCD commissioner and the DDA vice chairman to ensure that inquiries are conducted and responsibility of its officials is fixed.
The court expressed its displeasure over the fact that despite the matter being brought to the notice of various authorities, a five-storey building was constructed.
It asked, "How can it be that all authorities failed to take action against an illegal monstrosity as big as a five-storey building?" The Delhi Waqf Board filed an impleadment application in the matter and relied upon various documents to contend that the land belonged to it. However, the application was opposed by the DDA.
The petitioner, represented by advocate Rakesh Lakra, has argued that the DDA, the MCD, the Delhi Police and the Archaeological Survey of India have failed to stop the construction at the guest house which was within 100 metres of the two centrally protected monuments.
Lakra said a large number of illegal and unauthorised guest houses have been permitted to operate by authorities in this area and these pose a threat to the environment, heritage and cultural significance of the area. PTI SKV DIV DIV
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