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Delhi High Court orders resumption of demolitions

Staff Reporter

Civic agencies told to target unauthorised constructions


The Bench directs the Monitoring Committee to apprise it of the action plan on December 18

Civic bodies directed to target the fourth and fifth floors of unauthorised properties


NEW DELHI: The Delhi High Court on Friday directed the Municipal Corporation of Delhi, the New Delhi Municipal Council, the Delhi Development Authority and other government agencies to resume demolition of unauthorised constructions in the Capital.

A Division Bench of the Court comprising Justice A. K. Sikri and Justice Rekha Sharma directed the Court-appointed Monitoring Committee for overseeing demolitions to convene a meeting of the MCD, NDMC, DDA, Public Works Department (PWD), Central Public Works Department, the Land & Development Office (L&DO) and the Revenue Department of the Delhi Government within a fortnight and chalk out an action plan for resuming demolitions.

The Bench directed the Monitoring Committee to apprise it of the action plan on December 18, the next date of hearing.

It directed the civic bodies, the Authority and the other agencies concerned to target the fourth and fifth floors of properties which were not protected under any law.

The Bench passed the direction on a report by the Monitoring Committee in which it reiterated the points raised in three reports submitted to the Court by it in July this year. The report urged the Court to direct the local bodies, the Authority and the other government agencies to draw a plan of action against large-scale unauthorised constructions already identified in view of the expiry of the one-year moratorium on demolition of unauthorised constructions under the Delhi Laws (Special Provisions) Act, 2006, on May 18 this year.

The report said the agencies concerned had taken no action so far in spite of the directions and suggestions of the Monitoring Committee, particularly to the MCD and the DDA. The properties against which action was due were known and the details of unauthorised constructions on 18,299 properties were on the MCD website, the report added.

The Committee urged the Court to direct these agencies to take action on a day-to-day basis.

Recounting encroachments identified for demolition, the Committee referred particularly to encroachments on a plot of 51,000 square metres belonging to the CPWD at Sanjay Basti and those on a 17-acre piece of land belonging to the DDA.

The Court has been hearing a public interest litigation on the matter by Kalyan Sanstha Social Welfare Association.

In another related matter, the Court summoned in person the then Deputy Commissioner of Rohini Zone of MCD, G.S. Matharoo, for filing a misleading affidavit regarding demolition of unauthorised properties in his zone.

The Bench directed him to appear before the Court within a fortnight. The Bench observed that prima facie Mr. Matharoo appeared guilty of misleading the Court. It made the observation after going through the probe report.

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