Send clear message that encroachments won’t be tolerated, Delhi HC tells govt

The court, while hearing a plea by a lawyer SW Windlesh against the encroachment of road spaces by religious structures in Bhajanpura area, said the photographs submitted before it revealed a “shocking state of affairs”.

Questioning the Delhi government’s role in curtailing the rampant encroachment of city roads and pavements by religious structures, the Delhi high court on Tuesday said the government must send a “clear and definite message” to encroachers that their illegality won’t be tolerated, instead of remaining a “mute bystander” and allowing the illegalities to flourish.

A wooden gavel

“How will a civilised society survive like this, if we have things coming up in the middle of the road? You have to send a message, loud and clear, that this will not be tolerated. You must come down with an iron hand on the encroachers,” a bench of acting chief justice Vipin Sanghi and justice Navin Chawla said.

The court, while hearing a plea by a lawyer SW Windlesh against the encroachment of road spaces by religious structures in Bhajanpura area, said the photographs submitted before it revealed a “shocking state of affairs”.

“..We are at a loss to understand as to how the state can be a mute bystander and allow such illegalities to occur. In our view, the state should take a clear, definite and firm stand on such matters and come down with an iron hand to send a clear message to all encroachers that such encroachments would not be tolerated and would be removed as soon as they are sought to be placed. Penal action should also be initiated against those who are behind raising of such illegal structures,” the court said in an oral order.

In his plea, Windlesh contended that there are two ‘mazars (Muslim tomb)’ on the road opposite Hassanpur depot and on Wazirabad Road, which were illegal and obstructed traffic, besides being a nuisance to residents.

Appearing for the Delhi government, additional standing counsel Gautam Narayan told the court that the same issue is pending before the Supreme Court and sought time to place the relevant documents on record.

The court, while granting time to the state government, also asked them to file a status report on the action taken by the next date of hearing -- November 16. The bench also asked the Delhi Metro Rail Corporation (DMRC) to file a status report before that time.