Delhi High Court Expresses Displeasure Over Government Authorities Not Filing Reports On Time

The high court said that usually all the governmental authorities, despite specific directions, are unable to file affidavits within the specified time and then file them a day or two before the hearing. 

Delhi High Court

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New Delhi: The Delhi High Court expressed its displeasure over an "unhealthy pattern" of government authorities, state departments and corporations not filing replies and status reports on petitions in time. The court further warned of imposing costs if time schedule of pleading is not followed, PTI reported. 

"The court is constrained to observe that there is an unhealthy pattern of governmental authorities, state departments and corporations not filing the counter affidavits and status reports as per the timelines prescribed by the court", Justice Prathiba M Singh said according to PTI.

"It is made clear that costs would be liable to be imposed if the time schedule for pleadings fixed by the court is not adhered to,” Singh added. 

The high court said that usually all the governmental authorities, despite specific directions, are unable to file affidavits within the specified time and then file them a day or two before the hearing. 

According to PTI, the court was hearing a petition by the Wazirpur Bartan Nirmata Sangh stating that despite directions, innumerable encroachments have come up in the Wazirpur area all over again. In October 2003, a division bench of the high court had taken cognizance of the encroachments existing in the Wazirpur area and had passed directions for removal of all illegal structures and encroachments on the road.

Justice Singh, in an order passed on January 30, said in the petition, that neither the Municipal Corporation of Delhi (MCD) nor the Station House Officer (SHO) concerned has filed any affidavit. These affidavits were handed over to it during the hearing but were stated to be filed on January 26 and 28 respectively.

After perusing MCD's affidavit and photographs, the court noted that some demolition action has been taken by the authorities and encroachments have been removed.

The MCD stand was that after the removal of encroachments, the Assistant Commissioner of Police (North West) has been issued a letter to ensure that no further encroachment or illegal construction takes place and a strict watch is kept.

Meanwhile, the petitioner said that the debris hasn't been cleared and all the encroachments have not been removed. The petitioner added that new constructions have also come up in the area. 

Delhi HC said it had made it very clear in August 2022 that the MCD and local police had a collective duty and obligation to ensure that public roads are cleared of encroachment and illegal structure. 

"It is usually seen that even if the demolition or encroachment removal takes place, the local police does not thereafter, ensure that no fresh encroachments are made. Moreover, the 'malba' (debris) in the area is left lying as it is which inconveniences the public. Whenever unauthorised construction and encroachments are removed, cleaning up of the said area is an obligation of the MCD, which they have to undertake without fail,” it said, PTI reported.

Further, the high court said that the SHO of the area would also be reponsible to ensure that no further unauthorised construction is made out after encroachments are removed.

The court directed certain officers of MCD, police and representatives of the petitioner association to do a joint inspection of the area and file a status report.

"This shall be the last and final opportunity to the Assistant Commissioner, Keshav Puram Zone, MCD, as also to the concerned SHO to ensure that there are no more encroachments in the area failing which the action would be liable to be taken against these officials personally,” it said and listed the matter for further hearing on April 10.

(With agency inputs)