Who can issue demolition orders? HC to decide

The Delhi High Court has issued notice to the Urban Development Ministry, MCD, DDA and Delhi government on a batch of petitions challenging the power of MCD commissioner and Centre to issue demolition orders and regulating construction of buildings in Delhi.

The Delhi High Court has issued notice to the Urban Development Ministry, MCD, DDA and Delhi government on a batch of petitions challenging the power of MCD commissioner and Centre to issue demolition orders and regulating construction of buildings in Delhi.

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A lawyer Anil K Aggarwal had challenged the constitutional validity of DDA, power of MCD commissioner to order demolitions and the central government's right to regulate construction of buildings in Delhi. All the authorities have been asked to file their responses by July 10.

"The MCD commissioner cannot take unilateral decisions to order demolitions after the 74th amendment in the Constitution which said the power was vested in the people representatives, that is the councillors sitting in the Town Hall… the commissioner cannot act as per the guidance of the central government," said the PIL.

The PIL challenges section 339 of the MCD act as per which the commissioner takes guidance and instructions from the Centre on demolitions.