NEW DELHI: Delhi Police has washed its hands off from stopping illegal constructions mushrooming across the city, citing that it is not their responsibility and they will act only when they will receive complaints from deputy commissioners of municipal corporations.
When challenged, the police chose to fight a legal battle rather than take cognizance of illegal constructions and register cases against builders. On October 13, Delhi Police stated before a trial court that the High Court has put a stay on the matter. The trial court had pulled up Delhi Police Commissioner B S Bassi for failing to stop illegal constructions in two cases—one in Gandhi Nagar and another in Shakarpur.
On a complaint regarding illegal construction filed by Gayatri, police had refused to register an FIR. Hearing the matter, the court had observed, “As per Section 467 of Delhi Municipal Corporation Act, there is a bar upon cognizance and not upon investigation. As per Section 154 of CrPC, it is obligatory on the party of concerned SHO to register an FIR as and when commission of a cognizable offence is brought to his notice.”
Justice Dharmender Rana had noted that “entire Delhi is stung by the fangs of menace of unauthorised construction and appropriate preventive action ought to be initiated at appropriate levels to check this menace”.
Instead of complying with the order, Bassi challenged it in the High Court and got a stay in April.
In another complaint of illegal construction under the jurisdiction of Shakarpur police station, the same court observed, “Commissioner of police seems to be obfuscated because of ignoring the essential dissociation between investigation and cognizance.”
“The court is of the opinion that a stitch in time saves nine, that is, an effective preventive action by the agencies shall not put an effective check upon the menace of unauthorised construction but shall also reduce the burden upon the overflowing dockets of the courts and enhance the efficacy of rule of law,” Justice Rana said.
Instead of complying with the second order, Bassi came out with a new diktat that prohibits police personnel from visiting construction sites as they do not have the power to stop unauthorised constructions. A Station House Officer can only stop illegal construction work on the receipt of a complaint from corporations.
Bassi told court that the matter has been stayed by the High Court. He then started a campaign on social media about the role of police regarding encroachment and illegal constructions. Delhi Police spent lakhs of rupees on advertisement and radio jingles.
Delhi Police spokesperson Rajan Bhagat told The Sunday Standard, “The matter is sub judice. The advertisement on illegal construction has nothing to do with the court order. We were running the campaign and will run it until we get orders from our senior officers to stop it.”