SC directs Delhi Police to patrol Walled City daily to curb illegal construction

The court had earlier halted the work and widened the scope of the case, directing the Municipal Corporation of Delhi (MCD) to immediately seal any properties violating its order.

The Supreme Court on Friday directed the Delhi Police to intensify daily patrolling in the Walled City to ensure strict compliance with its order prohibiting unauthorised construction and illegal conversion of residential units into commercial spaces.

The court was hearing a plea by two Chandni Chowk residents, including a woman who alleged illegal construction above her ground floor home. (FILE)

The court was hearing a plea by two Chandni Chowk residents, including a woman who alleged illegal construction above her ground floor home in Bagh Deewar, Fatehpuri. Acting on their petition, the court had earlier halted the work and widened the scope of the case, directing the Municipal Corporation of Delhi (MCD) to immediately seal any properties violating its order.

“This is a complete fraud happening in collusion with MCD officials,” said a bench of justices Surya Kant and Joymalya Bagchi. “The police must patrol daily. If anyone tries to place even a single brick in violation, they must be arrested on the spot.”

Senior advocate Sanjeev Sagar, appearing for the MCD, told the court that the civic body was enforcing the construction ban as directed by the top court’s May 23 order. That order had also required the Delhi Police to form a team to inspect the area and act against any violations.

Acknowledging the civic body’s recent actions, the bench said, “We are thankful that you have finally woken out of slumber.” It expressed concern over the ordeal faced by the petitioner, remarking, “This woman had to go from pillar to post, pleading for action. The builder who carried out the illegal construction hasn’t even appeared in court. How did this daredevil builder start construction in 2022 and complete it despite the ban?”

The MCD informed the court that some properties in the area had secured stay orders against its demolition notices. The bench asked the agency to submit a list of such properties and said it would examine the matter when the case is next heard in four weeks.

The court also directed the police commissioner to ensure continued deployment of police teams for daily patrolling and strict enforcement of MCD demolition orders that have not been stayed. “Wherever unauthorised construction is ongoing, such properties must be sealed forthwith,” the bench said.

On May 13, the court had ordered a stay on converting residential buildings into commercial complexes in the area and warned the MCD that any failure to stop such activities could lead to adverse inferences about collusion with builders and possible contempt proceedings.

Despite this, the court noted on May 23 that unauthorised conversions were still taking place. “We direct the commissioner of police to inspect the sites, and where violations persist, take lawful action,” it said.