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MCD to recover demolition charges from residents

Sandeep Joshi

Failing which defaulters would be served distress warrant and their properties would be attached

NEW DELHI: Delhiites might have got a respite from the Municipal Corporation of Delhi's demolition and sealing exercises for a year, but for those residents whose properties were partially or fully demolished during the drive a couple of months ago, the trouble is still not over. The civic body has now decided to begin the exercise of recovering demolition charges from them, failing which defaulters would be served distress warrant and their properties would be attached.

When the civic body carries our anti-encroachment drives or target illegal properties, it also recovers charges incurred in carrying out the exercise from the property owner. Hourly charges are levied depending upon the machinery and manpower used in carrying out the exercise. However, since the drive began, there was confusion among MCD's zonal Assessment and Collection Department officials on recovery of demolition charges, which now stands at a few lakhs of rupees.

"As our officials were not sure about the provisions and mode of recovery, an opinion was sought from the Chief Legal Officer, who, after going through the Delhi Municipal Corporation Act, has now given a go ahead to recover dues from those residents whose properties were targeted during the drive," informed a senior MCD official.

MCD's Assessor and Collector Anil Bamba has written to additional assessor and collector and all joint assessor and collectors to inform all officers and employees concerned about the order and direct them begin the recovery exercise.

Quoting Section 455 of the DMC Act 1957 (on mode of recovery of any dues), Mr. Bamba's letter states -- "In any case not expressly provided for in this Act or any bye-law made thereunder any due to the Corporation on account of any charge, costs, expenses, fees, rates or rear or on any other account under this Act or any such bye-law may be recoverable from any person from whom such sum is due as an arrear of tax under this Act."

"From the above provision, it is very clear that any charge, expenses etc. which may be recoverable from any person from when such sum is due, can be recovered as an arrear of tax under this Act. Once it becomes tax, recovery can be made as per Sections 156, 156A, 157 and 158 of the Act," the letter adds.

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