SDMC pulled up for asking cops to help clear encroachment in Delhi’s Rajouri Garden

In an order dated September 29, justice Najmi Waziri, said that the “so-called inability of the municipal corporation (SDMC) to remove the encroachments because of lack of police assistance inevitably perpetuates an illegality, which [has come] up under the corporation’s own watch”

The Delhi high court pulled up the South Delhi Municipal Corporation (SDMC) for seeking police assistance to clear a religious encroachment (a gurdwara) allegedly being constructed in a Delhi Development Authority (DDA) residential complex at Rajouri Garden. It also fined the corporation ₹25,000 and said the civic body could either pay the fine or plant 200 tree saplings.

During a hearing on April 12, the counsel for DDA said the land-owning agency did not have any role in this situation as the maintenance of the residential complex had been handed over to SDMC. (Getty Images/iStockphoto)

Justice Najmi Waziri said that before seeking police assistance, the civic body should explain how the encroachment was permitted to come up in the first place.

In an order dated September 29, justice Najmi Waziri, said that the “so-called inability of the municipal corporation (SDMC) to remove the encroachments because of lack of police assistance inevitably perpetuates an illegality, which [has come] up under the corporation’s own watch”.

During a hearing on January 11, the counsel for DDA said the land-owning agency did not have any role in this situation as the maintenance of the residential complex had been handed over to SDMC.

during a hearing on April 12, the counsel for SDMC told the court that the corporation had stopped the construction in January 2021, and scheduled its demolition in February but due to the non-availability of the requisite police force, the exercise was not carried out. He submitted that the demolition was rescheduled for April 16, 2021, following which the court asked the counsel to file a compliance affidavit before August 23, the next date of the hearing.

However, on August 23, neither the counsel for DDA nor SDMC appeared in court.

On September 29, the court noted that the compliance affidavit was not on record either.

“The court would also note that none appeared for the SDMC or DDA on August 23, 2021,” the judge said.

The court then fined the civic body to adjourn the case since the compliance affidavit was not on record. The judge also asked the corporation to fix responsibility for the lapse on the officer concerned.

“The failure of the municipal corporation in discharging its statutory duties is ex facie causing immense public harassment and cannot be overlooked or condoned,” the court noted in its order.

“For today’s adjournment, cost of ₹25,000 or supply of 200 trees, is imposed upon SDMC. Let the same be deposited with or supplied to the Deputy Conservator of Forests (South), GNCTD for plantation of trees along the NH-24 starting from Nizamuddin Bridge. The monies, if chosen to be deposited instead of the trees, shall be used for the purchase of trees from a government-owned nursery,” the order added.

The court specified the type of trees that should be planted, adding that each tree must be two years old (minimum), its trunk must be six-foot-tall, it must bear a unique number tag, and its details must be entered in the Tree Census Register, indicating its approximate place of the plantation.

The court asked the Delhi Conservator of Forest (DCF) and SDMC to file a compliance affidavit within four weeks with photographs of before and after the plantation.

The court gave its order while hearing a plea by one Sourav Bose, who through his counsel Manu Nayar, contended that a religious organisation was constructing a gurdwara, adjacent to his property in the DDA residential housing colony, illegally.

The plea said that the alleged construction of the gurdwara started in September last year within residential premises, which is a violation of the building bye-laws and the Master Plan.

It also said that the illegal construction of the gurdwara on the ground floor in residential housing premises will attract innumerable visitors leading to residents’ safety and security being seriously jeopardised.

“….it will be difficult to identify the visitors [who] will be moving in and out of the writ property, which will be a major security issue for the entire neighbourhood especially the petitioner residences as they are in close proximity to the writ property…,” the plea said.

It contended that the peace and tranquillity of the entire area would be affected due to the songs and hymns that would be sung in the gurdwara.

The matter will now be heard on December 2.