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'Delhi Has Become A Slum': High Court Slams Civic Bodies, Calls Out Their 'Inaction' Against Illegal Construction

The court directed the authorities to cease passing responsibilities to one another, asserting that the situation in the city is regrettable.

The Delhi High Court urged civic authorities on Thursday to collaborate in addressing the rampant issue of illegal construction, deeming the city akin to a "slum". The court rebuked the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) for their inaction regarding unauthorised construction near Nizamuddin ki Baoli and Barakhamba Tomb, both centrally-protected monuments, news agency PTI reported. 

Expressing disappointment, a bench headed by Acting Chief Justice Manmohan emphasised the need to halt the blame game between authorities, stating, "This jugalbandi has to be stopped. Don't do this to the city. It has become a slum". The court directed the authorities to cease passing responsibilities to one another, asserting that the situation in the city is regrettable, it said. 

The court, dealing with an instance of unauthorised construction on upper floors of an already-sealed guesthouse illegally built on DDA land near the monuments, called for the owner's presence and suggested that the matter should be investigated by the Central Bureau of Investigation (CBI).

According to PTI, the bench remarked that the ongoing ping-pong between authorities would cease once the CBI takes action, asserting, "They should have never been allowed to construct like this. In New Delhi area, this is happening. What is happening in far-flung areas?"

Highlighting the prevalence of unauthorised construction, the court pointed out that a significant portion of the city's Air Quality Index (AQI) could be attributed to the Municipal Corporation of Delhi (MCD). It questioned the failure of MCD officials to address the issue despite its visibility.

The report said that the court also sought an explanation from the counsel for the building owner regarding the construction between the second and fifth floors when the lower floors were never de-sealed by the authorities.

Last month, the court had expressed skepticism about such construction occurring without the collusion of police and civic authorities.

The case originated from a Public Interest Litigation (PIL) filed by NGO Jamia Arabia Nizamia Welfare Education Society, which highlighted ongoing "illegal and unauthorised construction" at "Khasra number 556 Ziyrat guesthouse, near Baoli gate, Hazrat Nizamuddin Dargah, near police booth". 

The petitioner argued that the DDA, MCD, Delhi Police, and Archaeological Survey of India (ASI) failed to curb the construction, posing threats to the environment, heritage, and cultural significance of the area. The petitioner sought a court directive to compel the authorities to fulfill their constitutional obligations and halt the alleged illegal and unauthorised construction at the guesthouse.

The court scheduled the next hearing for February 7. 

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