NEW DELHI: The Delhi High Court has castigated the home department of the Delhi government for expressing its inability to remove an encroachment — a religious structure located on the right of way in Chandni Chowk — citing “law and order situation”.
The building in question, on the main road being pedestrianised, was declared “illegal” and the order for its removal was passed in 2015. It is proving an impediment in the project for beautification and redevelopment of the market.
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The project is being monitored by the High Court. Reprimanding the department, the court, in an order passed on Thursday, observed that one of the foremost duties of the law enforcement agency was “assisting in implementation of binding orders of this court and the Supreme Court (SC) of India.”
“The stand of the law enforcement agency that it is powerless to ensure law and order, and therefore, cannot implement the orders of this court and the SC, if accepted, would seriously threaten the legitimacy of rule of law and the respect for order of the courts,” a bench of justices S Muralidhar and Talwant Singh said while conveying its annoyance to the department for taking a U-turn in the matter, as earlier the religious committee, which falls under the jurisdiction of the home department, had recommended removal of the said structure.
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The court asked the additional chief secretary (ACS) (home), Satya Gopal, to ensure removal of the illegal structure within a “definite frame”.
“The court directs the Delhi government and, in particular, the additional chief secretary (home) Satya Gopal, to discharge their constitutional and statutory duties, as expected of them, in accordance with law,” the order said.
The ACS (home), also the chairperson of the committee, was directed to file a compliance report within eight weeks.