The Delhi High Court illegal construction crackdown has expressed grave concern over the rampant illegal and unauthorized construction in the national capital, calling it unprecedented. The court highlighted the lack of structural reforms by the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) to address the issue effectively. The court noted that despite the existence of an elaborate system of checks and balances, illegal constructions continue at an alarming scale.
The court criticized the MCD’s use of outdated methods, such as tapes and strings, to seal buildings, which it deemed ineffective in deterring further illegal construction. It emphasized the need for the adoption of modern technologies, like digital maps, to detect encroachments and illegal constructions more efficiently.
The High Court’s remarks came while transferring the investigation of an FIR regarding unauthorized construction near the Nizamuddin Dargah and Baoli to the Central Bureau of Investigation (CBI). The court directed the MCD Commissioner and the DDA’s Vice Chairman to ensure that inquiries are conducted and the responsibility of officials is fixed.
The court underscored the need to fix administrative responsibility and examine the role of parties involved in the illegal construction. It ordered the CBI to investigate the matter and take appropriate action if any criminal offenses are found.
The case arose from a public interest litigation filed by the Jamia Arabia Nizamia Welfare Education Society, seeking action against officials of the DDA, Archaeological Survey of India (ASI), and other authorities for their failure to stop the unauthorized construction of a guest house. The guest house was being constructed within 50 meters of the Barakhamba Tomb and Nizamuddin Baoli, both centrally protected monuments.
The MCD argued that the land belonged to the DDA, and thus, it was the DDA’s responsibility to protect it. However, the DDA claimed that enforcing building bylaws and removing illegal encroachments fell under the MCD’s jurisdiction.
The court condemned encroachment as a serious civil offense, likening it to dacoity, as it results in the loss of land for the owning agency. It expressed dismay over the construction of a five-story building despite various authorities being aware of the matter.
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