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No stay on demolition of walls: Delhi High Court

Staff Reporter

The law has to be implemented uniformly, rules the Court

THE AXE FALLS: Residents of Sainik Farms getting the height of the boundary wall of the colony reduced following High Court order. Photo: S. Subramanium

NEW DELHI: The Delhi High Court on Wednesday refused to stay ongoing demolition of boundary walls above 1.5 metres at the posh unauthorised Sainik Farms in South Delhi, saying that the law had to be implemented uniformly.

The Sainik Farms Residents' Welfare Association had filed an application seeking a stay on the May 9 order of the Court directing the Municipal Corporation of Delhi to demolish all boundary walls above 1.5 metres in the unauthorised colony on the ground that the residents faced a security threat as the colony was surrounded by slum clusters.

However, a Division Bench of the Court comprising Justice M. K. Sharma and Justice Sanjiv Khanna gave the colony residents the option to reduce the size of their boundary walls to the permissible height on their own within a fortnight. It directed them to give an undertaking within two days to the Court or the MCD to the effect that they would demolish the height of their boundary walls above the permissible limit on their own within a fortnight.

However, the Court did not restrain the civic body from carrying out demolition in case the residents failed to file the undertaking.

As for their security concerns, the Court asked them to approach the Police Commissioner or hire private security personnel. When their counsel submitted that there was no proper street lighting in the colony, the Court said it was not its concern. Also, on the matter of demolition of 21 unauthorised houses in the colony, the Bench said the MCD would continue with its demolition.

The Court had passed the demolition order on a public interest litigation submitting that the residents were raising the height of their boundary walls above the permissible limit to resume unauthorised constructions in their premises.

Meanwhile, the residents started demolishing their boundary walls on their own on Wednesday afternoon after having failed to secure any relief from the Court. "We have already started demolishing boundary walls raised beyond permissible limits," said Brij Bhushan, general secretary of the Residents' Welfare Association.

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