NEW DELHI: The Delhi High Court expressed concerns over several cases filed before it alleging inaction by Municipal Corporation of Delhi (MCD) despite several complaints on unauthorised construction.“I am of the view that a mechanism is required to be evolved, if not already in place, to ensure that the action is systematic, transparent and even-handed,” Justice Prateek Jalan said in a recent order.
The high court was dealing with a plea moved by a wife and two minor children against MCD’s action of sealing two rooms of their house under an order passed by the MCD. As per the order, unauthorised construction was found on the property.
The court said that no explanation was given by the civic body in its affidavit as to why action was taken only in respect of the basement and second floor of the property, despite finding unauthorised construction in the ground, mezzanine and the first floor.It also asked how decisions are made regarding priority for taking action in respect of such complaints, including the level at which such prioritisation occurs and the factors which inform the decision.
The court asked,“What are the modes utilised to ensure service of show cause notices? Is any evidence maintained of efforts to serve notices to owners/occupiers personally, if such service was unsuccessful?”
“MCD is directed to file a further affidavit within two weeks in this regard,” the order said.“In order to assist the court in this matter, Deputy Commissioner, South Zone, MCD, who passed the sealing order in the present case, is requested to remain present in court for the next hearing,” the court said.It said the interim orders will remain effective, posting the next hearing for December 15.
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