'This Is Shocking': Delhi HC Raps Civic Authorities Over 'Failure' To Check Unauthorised Construction

A bench comprising acting Chief Justice Manmohan and Justice Manmeet P S Arora expressed dismay at the inability of authorities to check unauthorised construction near centrally-protected monuments.

Delhi administration carries out demolishing drive of illegal constructions near Tughlaqabad Fort.

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New Delhi: The Delhi High Court on Thursday expressed deep concern over the “failure” of multiple authorities in curbing unauthorised construction, warning that such negligence could lead to a state of "complete lawlessness" in the city, ultimately resulting in the collapse of the entire system, news agency PTI reported.

A bench comprising acting Chief Justice Manmohan and Justice Manmeet P S Arora expressed dismay at the inability of authorities to check unauthorised construction near centrally-protected monuments such as Nizamuddin ki Baoli and Barakhamba Tomb, deeming it as a matter that has "shocked" the court.

Hinting at the possibility of ordering a probe by the Central Bureau of Investigation (CBI), the court stressed that no institution or authority should be complicit in perpetuating illegality.

"Once we transfer the investigation to the CBI, the role of the Delhi Police will also be examined. Everyone's responsibility should be fixed. It is a failure of multiple agencies. These multiple authorities working on the ground level have all failed us. This is shocking," the bench said, reported PTI.

The court stressed that allowing such violations to continue would result in rampant lawlessness within the city, which would be detrimental to society as a whole.

The remarks were made during the hearing of a public interest litigation (PIL) filed by the NGO Jamia Arabia Nizamia Welfare Education Society. The PIL alleged "illegal and unauthorized construction" near Baoli gate, Hazrat Nizamuddin Dargah, specifically mentioning a guesthouse located at Khasra number 556, Ziyrat guesthouse, near the police booth.

The high court observed that neither the Municipal Corporation of Delhi (MCD) nor the Delhi Development Authority (DDA) had taken any action against the unauthorised construction, which reportedly occurred on the three upper floors of a guesthouse already sealed for illegal construction on DDA land near the monuments.

Subsequently, the owner of the property filed an application seeking permission to submit certain documents to demonstrate how the property was acquired.

Questioning how construction could proceed on the sealed property, the bench expressed its intention to involve the CBI for investigation to avoid unnecessary harassment. The matter was scheduled for further hearing on February 13.

Earlier, the court had drawn comparisons of encroachment on public land with dacoity and urged the MCD to utilize technology such as drones and satellite imagery for monitoring purposes. It criticized officials for their failure to act despite alerts from the police and the Archaeological Survey of India (ASI).

On February 1, the court reprimanded the MCD and DDA for their inaction against unauthorized construction, stressing the need for civic authorities to collaborate in combating such violations.

The petitioner, represented by advocate Rakesh Lakra, argued that despite directives from the court, the DDA, MCD, Delhi Police, and ASI had failed to prevent construction at the guesthouse, located within 100 meters of Nizamuddin ki Baoli and Barakhamba Tomb.

The petitioner contended that numerous illegal guesthouses in the area pose threats to the environment, heritage, and cultural significance, and sought an order directing authorities to fulfil their constitutional obligations by halting the alleged illegal construction.