‘Complete mayhem’: HC slams MCD for failure to regulate illegal construction
A bench of acting chief justice Manmohan and justice Tushar Rao Gedela was of the view that the officials “lacked moral courage” and the authority to pass an order and get it implemented
The Delhi high court on Tuesday censured the Municipal Corporation of Delhi (MCD) for its failure to regulate unauthorised construction in Delhi as well as implement the court’s orders, and said that negligence on part of civic body officials to exercise supervision has resulted in complete “mayhem” across the city.
A bench of acting chief justice Manmohan and justice Tushar Rao Gedela was of the view that the officials “lacked moral courage” and the authority to pass an order and get it implemented.
Expressing displeasure over the officials carrying out “cosmetic demolition” by puncturing the roof or putting a seal by tying a thread around a building, the court stressed that there was some deep reason and malice behind such dereliction.
“When we say something, it gets implemented. Your senior officers are unable to call the shot. How does the JE (junior engineer) or AE (assistant engineer), not obtain the order of deputy commissioner (DC)? It cannot be, there is some deeper malice here... There is something wrong in the administrative structure over here. The fundamental problem seems to be that your officers are lacking the moral courage and moral authority to pass an order and getting it implemented,” the bench said to MCD commissioner, who was present virtually.
The court also said that this neglect was not good for civil society and was wrong. “It cannot be that your officers do not obey your command. This is complete... mayhem. It is not good for civil society and it’s not that it is confined to one officer or one region. There are some very, very deep causes... All of this is being done for some reason. This is what it seems to be,” the court said.
The court was responding to a petition filed by one Santosh (goes by single name) seeking directions to MCD and Delhi Development Authority (DDA) to seal and demolish the unauthorised construction of a property at Deep Vihar in Delhi, and also disconnect electricity and water connections to the said property. The petition filed through advocate Nagender Kumar Vashisht had stated that the property in question had been constructed despite the implementation of three demolition orders. MCD and DDA officials had failed to take action against the construction despite informing the officers about the same, it added.
On August 7, the high court, while issuing notice in the petition, sought the presence of DC Narela zone and MCD commissioner.
During the hearing, the MCD commissioner submitted that he had held meetings with the DCs, during which he had not only sensitised them but also threatened them of action being taken against them for carrying out “cosmetic demolitions”.
The court called for the need to fix responsibility, saying that the need of the hour was to bring in clarity and issue “clear cut office orders” and “standard operating procedures” regarding monitoring unauthorised constructions. “Please issue clear cut office orders and SOPs... There is a certain amount of disconnect at the ground level,” the bench lamented.
Consequently, the court also proceeded to issue notice to DC, MCD Narela zone and also his predecessor as to why contempt of court proceedings should not be initiated against them.
This is not the first time that MCD has faced the court’s ire for its failure to regulate unauthorised construction in the Capital.
While transferring the probe into the deaths of three IAS aspirants at Old Rajendra Nagar, Delhi, to the Central Bureau of Investigation, the high court earlier this month lambasted MCD for its failure to implement its order regarding setting up of a mechanism to ensure “systematic, transparent and even-handed” action against complaints of unauthorised construction and using technology to monitor such constructions.
In July, the high court slammed the MCD commissioner over illegal and unauthorised constructions in the Capital and said that courts were being used as a “pawn.” It said that one of the reasons for flooding in Delhi was blockage of water outlets in the Capital due to illegal construction and asked the civic body chief to take stern action against the officers.
To be sure, the high court even in November last year, said that the civic administration in the Capital has failed to regulate and has “turned a blind eye” towards unauthorised construction.