The Hindu : Front Page : End "jungle raj" in Delhi: High Court

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Thursday, Jan 19, 2006

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End "jungle raj" in Delhi: High Court

Nirnimesh Kumar

MCD told to "go after illegal constructions by people who are in power and authority... ."

NEW DELHI: Hitting out at unauthorised builders, violators of building by-laws and encroachers on public land and extending further the scope for demolition of unauthorised constructions in the Capital, the Delhi High Court on Wednesday directed the Municipal Corporation of Delhi to demolish all commercial properties on "Lal Dora" land and raze those properties first ``whose owners are in power and authority''.

A Division Bench of the Court comprising Justice Vijender Jain and Justice Rekha Sharma directed the MCD to demolish shopping malls, hotels and shops in the Lal Dora area that have been built by outsiders over the years as ``Lal Dora is meant for the village population only''.

The Bench directed the Capital's power distribution companies -- NDPL, BSES -- and the Delhi Jal Board to withdraw power and water connections to unauthorised buildings.

Pulling up the civic body for adopting a policy of pick-and-choose during its ongoing demolition drive and leaving out unauthorised constructions of those who have muscle, money and political power, the Bench asked the MCD to maintain uniformity and transparency in the demolition of illegal constructions and begin the drive against the violators by targeting first ``people who are in power and authority''.

It directed the civic body to put up on its website the details of all unauthorised constructions which had come up between December 31, 2000, and December 31, 2005, including the names of their owners, and the nature of violations, and send copies thereof to the Registrar and Sub-Registrar in the District Revenue Office so that people intending to buy properties know their legal status before falling into the trap.

This step would also enable honest property owners to undo their unauthorised constructions on their own, the Bench added.

The Bench said the MCD Commissioner was statutorily empowered to order demolition of unauthorised constructions and sanction and withdraw building plans. And if anybody or any authority interfered with his work, he was at liberty to move the High Court and seek protection; "we are ready to help him".

Asserting that the Court wanted ``the rule of law to prevail over jungle raj'', the Bench said it was keen to dispel the perception among the masses that people with muscle, money and political power can violate the law and get away.

Describing the modus operandi of MCD officials in allowing people to raise illegal constrictions for a ``consideration'', the Bench said a hierarchy of officials beginning from the Junior Engineer level were involved in this and ``the Court wants this racket going on for the past 50 years to end''.

Making the prosecution of erring MCD officials for helping people build unauthorised constructions time-bound, the Bench directed the local body to wrap up proceedings and take action against them within two months.

When MCD counsel S.K. Saxena submitted that it was not possible for it to meet the time limit, the Bench observed that ``if you cannot do it, you leave the job''.

Referring to Article 311 of the Constitution (dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State), the Bench said that ``this (Article) has put us to shame, and the country needs a jurisprudence to fight corruption''. However, Additional-Solicitor General Gopal Subramaniam appearing for the local body assured the Court that the MCD would abide by the order.

The Bench also brushed aside the MCD claim that around 80 per cent of residential premises in the Capital were illegal. ``The MCD has released the figure to create panic among honest citizens of the Capital and generate sympathy for the violators. This is a slur on the people of the city,'' the Bench observed.

Later, Mr. Subramaniam withdrew the averment made in the status report filed by the local body, saying that the figure was based on a random survey and without proper details.

The Bench also sought the MCD's opinion on a suggestion by it to have a permanent mechanism to monitor the demolitions and check unauthorised construction in future on the pattern of the High-Power Committee on Yamuna Action Plan set up by Supreme Court to clean the river.

The Bench also suggested to the MCD to seek cooperation of civil society and residents' welfare associations (RWAs) in its demolition drive.

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