The Hindu : New Delhi News : High Court lauds MCD stand against encroachers

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Friday, Sep 01, 2006

New Delhi

New Delhi

High Court lauds MCD stand against encroachers

Staff Reporter

"Civic body would take effective action so that a message goes to the public that nobody is above the law"

NEW DELHI: The Delhi High Court on Thursday appreciated the stand taken by the Municipal Corporation of Delhi (MCD) on action against encroachers on public land and unauthorised buildings here in the Capital.

After going through the affidavit filed by MCD Commissioner A.K. Nigam giving details of the plan the civic body had chalked out to deal with the culprits, a Division Bench of the Court comprising Justice Vijender Jain and Justice Rekha Sharma concluded the hearing of the matter for the day with the hope that the local body would take effective action against unauthorised constructions.

"We appreciate the stand taken by the MCD on action against unauthorised constructions in Delhi and hope that the local body would take effective action against unauthorised constructions so that a message goes to the public that nobody is above the law," the Bench observed.

This was one hearing on the matter when the local body received no rebuke from the Court.

Barring some minor complaints, the Court Commissioners also appreciated the action taken by the MCD and the Delhi Development Authority (DDA) against unauthorised builders and encroachers.

The Court Commissioner for Shahdara (North) Zone in his report informed the Court that he as well as the Deputy Commissioner of Police (DCP) for North-East had separately informed the Deputy Commissioner of the zone about an ongoing unauthorised construction but till date no action had been taken against the owner of the property.

He further submitted that the Executive Engineer of the zone concerned had given a false report to the Deputy Commissioner that no such property was under construction as reported.

When the Bench asked the Municipal Commissioner about the property, he admitted that the Executive Engineer had given a false report about it and he had taken action against him for the act.

When the Bench asked him about action against the property, the Commissioner said that action was being taken.

Similarly, the local body admitted in his affidavit that only a cosmetic demolition was carried out at five-star hotel Uppal's Orchid at Samalka in South-West Delhi.

The Court had ordered its demolition when a local daily had carried a report with a photograph of the hotel saying that according to the civic body the property had been demolished and the demolition charges had been recovered from the unauthorised property owner.

The Court disposed of this complaint by directing the civic body to take action against the officials and the property.

The Court Commissioner for Karol Bagh Zone submitted that there was no major complaint against the local body except that it was short of staff.

The Court Commissioner of South Zone submitted that the Deputy Commissioner (Revenue) of the Delhi Government had got cleared more than 1,000 bigha of land from encroachers while the Court Commissioner for Shahdara (South) submitted that the local body was allowing construction of an unauthorised multiplex in Laxmi Nagar.

The matter will now come up for hearing in the Court on October 6.

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