NEW DELHI: The Municipal Corporation of Delhi has come under fire for failing to act on unauthorised construction in southwest Delhi’s Rajokri, despite demolition orders. The Delhi High Court rebuked the civic body while hearing a petition urging the MCD and other relevant authorities to address the illegal construction on a Rajokri plot.
Justice Sachin Datta, who presided over the case, highlighted the MCD’s inability to enforce its demolition order issued on October 9, 2023. The petitioner argued that despite the demolition order, the unauthorised construction continued unabated, with the MCD failing to intervene effectively.
The high court said, “This court cannot permit a situation where rampant unauthorised construction continues to be raised with impunity, and the municipal authority fails or is unable to take requisite action and, is thereby, virtually reduced to a hapless spectator.”
The case took another turn when the land’s occupier filed an appeal before the Appellate Tribunal of the MCD (ATMCD), challenging the demolition order. On January 18 this year, the ATMCD directed the MCD to conduct a hearing with the occupier and issue a fresh order within a month. However, the MCD did not comply with this directive within the stipulated time, only issuing a new demolition order on March 26.
The occupier subsequently filed another appeal, which remains unresolved. The court was particularly critical of the MCD for not taking any significant action even after issuing the demolition order, noting that the occupier continued with the illegal construction.
The court also took issue with the MCD’s inadequate inspection of the property. According to an affidavit submitted by the MCD, the land occupier did not allow them to inspect the premises thoroughly, forcing the MCD to observe the construction from outside the property. This failure, coupled with the MCD’s inability to accurately identify the relevant address of the land, drew criticism from the court. The high court said the MCD’s perceived helplessness could lend credence to allegations of collusion between MCD officials and the land occupier.
The court directed the MCD to conduct a thorough inspection of the unauthorized construction, and ordered immediate halting of any ongoing illegal construction, while urging the ATMCD to expedite its decision on the pending appeals on the matter.