The Hindu : New Delhi News : Dissolve High Court-devised system to oversee demolitions in Delhi: MCD

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Tuesday, Dec 18, 2007
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Dissolve High Court-devised system to oversee demolitions in Delhi: MCD

Staff Reporter

The civic body had set up a Monitoring Committee last year, appointed Court Commissioners

“Panel, Court Commissioners encroachments on MCD’s executive powers”
Court urged to issue a general direction on
grey areas

NEW DELHI: Citing recent observations by the Supreme Court on maintaining the principle of separation of powers enshrined in the Constitution, the Municipal Corporation of Delhi has sought dissolution of the mechanism devised by the Delhi High Court to oversee demolition of unauthorised constructions in the Capital.

The civic body had set up a Monitoring Committee last year and appointed Court Commissioners who were entrusted with the task of monitoring, identifying and demolishing unauthorised constructions in all 12 zones of the local body.

In an application filed in the Court, the MCD said the High Court orders for setting up the Monitoring Committee and appointing the Court Commissioners were actually encroachments on its executive powers, and thus, according to the Supreme Court, violated the basic structure of the Constitution which no Constitutional authorities could do.

“The Supreme Court has specifically held that the Delhi High Court orders in relation to legality of constructions in Delhi and identification of the buildings to be demolished pertain exclusively to the executive or the legislative and therefore they are unconstitutional,” the application said.

The application pleaded that the petitions, applications and proceedings relating to demolition of illegal constructions be disposed of with a direction to the agencies concerned to take action in accordance with the law and the Monitoring Committee and the Court Commissioners be discharged of their duties. Identification and demolition of unauthorised constructions was primarily the function of the MCD as the executive head of the local body, not of the judiciary, the application emphasised.

The local body urged the Court to issue to it a general direction on grey areas or on its failure to implement provisions of the law.

The Monitoring Committee had no authority to give any direction to the MCD, the application contended.

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