Many authorities working at ground level, all have failed us: HC on ‘unauthorised construction’ near protected monuments
The High Court was hearing a public interest litigation (PIL) moved by an NGO, Jamia Arabia Nizamia Welfare Education Society, claiming that "illegal and unauthorised construction" is underway at 'Khasra number 556 Ziyarat guest house' near the baoli (stepwell).
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The bench then observed that the both sets of JEs did not act upon the intimation, indicating that "something needs to be set right". "This ecosystem is not good and needs to be changed," the bench told the official.
The Delhi High Court on Thursday said that despite “multi-disciplinary jurisdiction” of the city’s civic authorities, it is troubled over their failure to prevent “unauthorised construction” at a sealed property near centrally protected monuments Nizamuddin ki Baoli and Barakhamba Tomb.
The High Court was hearing a public interest litigation (PIL) moved by an NGO, Jamia Arabia Nizamia Welfare Education Society, claiming that “illegal and unauthorised construction” is underway at ‘Khasra number 556 Ziyarat guest house’ near the baoli (stepwell).
During the hearing, a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora orally said, “We are troubled by the fact that the DDA, MCD, Delhi Police, and ASI have all not risen to the occasion. With so many authorities working at the ground level, they have all failed us. Then the system will fail, and there will be absolute lawlessness in the city… We want to clean up the whole air; we will bring in an independent investigative agency and it will examine it.”
On February 2, the bench had taken a “prima facie view” that the matter requires to be investigated by the Central Bureau of Investigation (CBI).
A senior Municipal Corporation of Delhi (MCD) official on Thursday informed the bench that the first intimation by the police on October 2023 was marked to the then junior engineer (JE). Subsequently, another intimation was sent mid-November last year, also marked to the JE. A few days later, a reshuffle among the JEs took place, and the old JE marked the intimations to the new one; with the last intimation sent in December. The official said that none of these intimations were acted upon by the JEs concerned, and an inquiry has been initiated against them.
The bench then observed that the both sets of JEs did not act upon the intimation, indicating that “something needs to be set right”. “This ecosystem is not good and needs to be changed,” the bench told the official.
As the MCD official assured the court that such cases would not occur again, the bench told the senior DDA official present that in their case too, the “ecosystem is not good”. The bench, thereafter, orally observed that the coordination between the MCD and the Delhi Development Authority (DDA) “must improve”, wherein the civic bodies must have periodical meetings to assess such situations.
The MCD counsel then submitted that although it was a “joint responsibility” of the authorities concerned, “whosoever is guilty in the department (MCD) will be taken to task”.
Meanwhile, the senior counsel, appearing for the present owner of the property, said that if the matter is transferred to the CBI, “then the responsibility of every authority should be fixed”. As he submitted that a plea had been moved to place certain facts and documents before the court, the High Court scheduled the next hearing on February 13.
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