The Delhi High Court has criticized encroachment on public land as “dacoity” and called for the Municipal Corporation of Delhi (MCD) to use technology like drones and satellite images to maintain vigil.
New Delhi: The Delhi High Court on Wednesday said encroachment on public land was like dacoity and asked the Municipal Corporation of Delhi (MCD) to use technology such as drones and satellite images to maintain vigil.
A bench headed by Acting Chief Justice Manmohan expressed its displeasure over an unauthorised construction near centrally protected monuments Nizamuddin ki Baoli and Barakhamba Tomb, and remarked that there was “serious dereliction of duty” by officials who did not work on the ground in spite of intimation by police and the Archeological Survey of India (ASI).
“Use new technology like drones and satellite images. Encroachment is the worst form of construction. It is like committing dacoity. Public is losing land. State is losing assets,” the bench, also comprising Justice Manmeet PS Arora, said.
The court asserted that action has to be taken by authorities whenever there is an unauthorised construction in order to protect innocent citizens who may end up buying the same and later suffer the consequences.
The court 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 guesthouse near Baoli gate, Hazrat Nizamuddin Dargah near police booth”.
Observing that neither the MCD nor the Delhi Development Authority (DDA) had acted against the unauthorised construction, which was stated to have taken place on the upper floors of an already sealed guesthouse that was illegally built on DDA land near the monuments, Justice Manmohan said, “There was something amiss” between the two authorities.
The court also questioned the owner of the guesthouse on how he had the “audacity” to construct three floors on an already sealed property.
“He is taking the law into his own hands. People are convinced there is no law… and no law needs to be complied with,” the court said.
The court asked the MCD official present in the hearing to appear before it on Thursday as well after going through the file. It also sought the presence of the DDA official concerned.
The MCD official said that both the DDA and the MCD should have taken action in the matter. “Some action has to be taken against these officials. These things can’t happen without someone’s support. If not support, some tactic of connivance has taken (place),” the court said.
On February 1, the court had said that civic authorities must work together against illegal construction and pulled up the MCD and the DDA over their failure to act against the unauthorised construction.
While seeking the presence of the building’s owner, it had opined that “prima facie, matter requires investigation by the CBI (Central Bureau of Investigation)”.
It had earlier observed that such construction was prima facie not possible without the connivance of police and civic authorities.
The petitioner, represented through advocate Rakesh Lakra, has argued that the DDA, the MCD, the Delhi Police and the ASI have failed to stop the construction at the guesthouse which was within 100 metres of centrally protected monuments Nizamuddin ki Baoli and Barakhamba Tomb.
The petitioner said that pursuant to the high court’s directions, the property was sealed, however, there had been a “brazen resurgence of unauthorised construction activities on the subject property”.
The counsel has contended that a large number of illegal and unauthorised guesthouses have been permitted to operate by authorities in this area and the same pose threats to the environment, heritage, and cultural significance of the area.
The plea has sought a direction to the authorities to “fulfil their constitutional obligations and duties” and stop the alleged illegal and unauthorised construction at the guest house.
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