Illegal structures in Delhi’s Nizamuddin to face CBI probe

The court observed that structural reforms are required in the working of the respondents to deal with the issue of unauthorised construction

The Delhi high court on Tuesday directed the Central Bureau of Investigation (CBI) to probe illegal construction at a sealed guest house, located within 100 metres of the centrally protected monument Nizamuddin ki Baoli, saying that the scale at which unauthorised construction is going on in the Capital despite multiplicity of civic authorities and an elaborate system of checks and balances is unheard of.

The baoli is a centrally protected monument. (HT archive)

Taking note of the failure of the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) to act against encroachment and illegal construction, the court opined that there was a need for the civic authorities to undertake structural reforms to improve its functioning.

The bench led by acting chief justice Manmohan directed the authorities to devise new strategies to deal with the issue, saying that encroachment is akin to dacoity as the land-owning agency in the process loses its land and the public loses its assets.

“It is apparent that the administrative responsibility needs to be fixed and the role of the parties need to be examined. MCD commissioner and DDA vice-chairman are directed to ensure that inquiries are set up and responsibility is fixed. Since FIR (first information report) has already been registered by local police, this court directs transfer of the FIR to CBI,” the bench, also comprising justice Manmeet Pritam Singh Arora, said in the order.

The court observed that structural reforms are required in the working of the respondents to deal with the issue of unauthorised construction. “In today’s time, MCD is continuing to use tapes to seal a building and is normally puncturing the roofs partially in the name of demolition. No wonder the sealing and demolition actions are having no effect. This court directs the DDA vice-chairman and MCD commissioner to put in place structural reforms and devise new strategies to deal with the menace of encroachment and unauthorised construction.”

The court was considering a plea filed by an NGO, Jamia Arabia Nizamia Welfare Education Society, seeking to halt and demolish the illegal construction that was being carried out in the guest house, contending that a large number of unauthorised guest houses are running without legal permission from Nizamuddin West residential colony .

“Despite so many statutory authorities having been created, how could it be that the construction was completed... This court is of the view that even if there is dispute regarding ownership of the land, it is not understood as to how the property has changed hands and further as to how nature of the property has changed and as to how fresh construction has been carried out. From the documents on record it is not clear as to how the property from a graveyard to a single room godown became a single storey and five storied building. No documents have been placed on record,” the court noted.