The Hindu : New Delhi News : Court responds to DMRC plea on encroachments

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Thursday, Mar 10, 2005

New Delhi

New Delhi

Court responds to DMRC plea on encroachments

By Our Staff Reporter

NEW DELHI, MARCH 9. Lashing out at poor coordination among various government agencies here in the Capital, the Delhi High Court today directed the Lieutenant-Governor to ensure that whenever a government agency moved a court against the other, a prior approval for the same should be taken from the Chief Secretary of the Delhi Government.

Justice Pradeep Nandrajog issued this order on a petition by the Delhi Metro Rail Corporation Ltd. (DMRC) seeking a direction from the court to the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD) and the Delhi police for removal of two encroachments of religious nature at the entry of the Shastri Park Metro station in East Delhi.

Though the High Court had earlier directed the Lieutenant-Governor to take initiative to remove the two religious constructions, they still exit as the matter is pending at his level.

Disposing off the petition, Mr. Justice Nandrajog observed: "There is a breakdown of administration in Delhi.''

"If what is stated in the petition by the DMRC is correct, it reflects a breakdown of governance in Delhi for the reason that a public utility (DMRC) jointly owned by the Union Government and the Delhi Government assert certain facts and in response the other government agency states quite contrary facts,'' Mr. Justice Nandrajog observed.

He directed the Lieutenant-Governor to issue appropriate directions to statutory authorities or government agencies functioning here to the effect that in the event of filing a petition by one authority against the other with an allegation of lack of assistance, a prior clearance for filing the petition should be obtained from the Chief Secretary of the Delhi Government.

The DMRC in its petition filed in December last year against the three above-mentioned government agencies alleged that at the entry to the station there was an unauthorised mazar and an ashram called Baba Shyamgir Ashram, and despite repeated requests, the DDA, MCD and the Delhi police had failed to remove them.

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