Delhi Police says ‘no power’ to stop illegal construction, call rests with civic bodies

New DelhiThe Delhi Police has stated that it is not “technically qualified” to determine building safety or adherence to norms and its officers and beat staff cannot stop construction work or initiate action against buildings without directions from civic authorities, as per a standing order issued to police subdivisions after perusal by the police commissioner, HT has learnt

New Delhi

Police said they can intervene directly in stopping construction only when the MCD invokes its powers under Section 344(2) of the DMC Act and sends a direction. (Representative photo)

The Delhi Police has stated that it is not “technically qualified” to determine building safety or adherence to norms and its officers and beat staff cannot stop construction work or initiate action against buildings without directions from civic authorities, as per a standing order issued to police subdivisions after perusal by the police commissioner, HT has learnt.

Police said they can intervene directly in stopping construction only when the municipal corporation invokes its powers under Section 344(2) of the Delhi Municipal Corporation Act (DMC) Act and sends a direction. The standing order said that zonal assistant engineers (building) are empowered to issue such directions to police.

The circular, issued in June, directs all police subdivisions to strictly follow the prescribed procedure in light of the allegations made over the Saidulajab building collapse in May, as civic officials had said that the Delhi Police knew about the illegal construction and the demolition project near Turkman Gate in January itself, when clashes broke out between police and locals.

The order, a copy of which was accessed by HT, reads that police are not “technically qualified to determine whether a building is structurally unsafe, whether it violates an approved building plan or whether construction has encroached upon government land.”

As per the procedure, any police station receiving information about unauthorised construction or violation of the DMC Act should inform the deputy commissioner (DC) concerned of the MCD in writing, and share a copy of the communique with the alleged offender and the deputy commissioner of police (DCP) concerned on the same day. The DCP, in turn, has to write to the commissioner of the agency concerned about the same.

The police said that their role is confined to maintaining law and order during demolition drives by civic bodies, but only after intimation to the DCP concerned “sufficiently in advance” about the date, venue and scale of the operation. The DCP can also recommend postponement of a demolition operation if there are law-and-order concerns or adequate police force is not available at the time.

For mass demolition, sealing or eviction drives by civic agencies, the lieutenant governor’s secretariat has to be informed at least a week in advance by the commissioner or special commissioner of police, while DCPs have been directed to ensure such matters are brought to the notice of the commissioner’s secretariat at least 15 days in advance.

The order also stated that for demolition of religious structures that are encroachments on public land, cases have to first be examined by the religious committee, headed by the secretary (home), with inputs including the site plan, photographs, land ownership, law-and-order concerns and the landowning agency’s plan for removal or relocation.