The Hindu : Front Page : Don't pick and choose in demolitions: High Court

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Friday, Feb 17, 2006

Front Page

Front Page

Don't pick and choose in demolitions: High Court

Staff Reporter

"We are not satisfied with the manner and speed with which demolitions are being carried out... ."

NEW DELHI: The Delhi High Court on Thursday came down heavily on the Municipal Corporation of Delhi for adopting a "pick-and-choose policy" on demolitions by sparing an unauthorised shopping mall at MG13 but demolishing MG1 and MG2 on Mehrauli-Gurgaon Road.

It also pulled up the civic agency for not taking action against officials found guilty of conniving with builders in mushrooming unauthorised constructions across the Capital.

When MCD counsel A. S. Chandhiok tried to defend the sealing of MG13 on the ground that there was apprehension of a law and order problem, the Division Bench comprising Justice Vijender Jain and Justice Rekha Sharma observed: "The law cannot be made to dance at the feet of mobocracy. We know how the mob was mobilised."

"You (MCD) demolished MG1 and MG2 and just sealed MG13 because it belongs to an influential person," the Bench observed.

"We are not satisfied with the manner and speed with which demolitions are being carried out by MCD," the Bench added.

The Bench also made it clear to the MCD that the third floor of residential premises built on a plotted land had to be demolished.

Reminding Mr. Chandhiok of the Court's observation that a message should go out to the masses that money and muscle power cannot violate the law and get away with it, the Bench directed the MCD not to adopt a pick-and-choose policy while carrying out demolitions.

When Mr. Chandhiok submitted that a task of such magnitude could not be carried out overnight, the Bench observed that if the MCD cannot do it, it should wind up.

When the Bench said the MCD had not come to the Court with clean hands, Mr. Chandhiok said the local body was serious about cleaning the city as well as itself.

The Bench directed the MCD Deputy Commissioner (South Zone) to file a personal affidavit explaining why two different yardsticks were adopted in dealing with the three unauthorised shopping malls as well as whether he had sought police force from the Police Commissioner in apprehension of a law and order problem.

When Mr. Chandhiok submitted that the MCD had charge-sheeted 95 erring engineers for allowing unauthorised constructions, the Bench said the Court had at the last hearing directed the Government to take action against these officials as they had been found to have abetted people in raising illegal constructions; yet instead of showing them the door, a majority of them had been transferred to the Building Department of the civic body.

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