The Delhi High Court Thursday told the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) to stop “passing the buck” to each other while expressing its concern over their “failure” to act against “unauthorised construction” near Nizamuddin ki Baoli and Barakhamba Tomb, which are centrally protected monuments.
The HC was hearing a public interest litigation moved by NGO Jamia Arabia Nizamia Welfare Education Society claiming that “illegal and unauthorised construction” was being done at ‘Khasra number 556 Ziyrat guest house’ near the baoli (stepwell).
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora orally said, “You (MCD and DDA) are supposed to function as one. You are two authorities working simultaneously at the highest position…It is a very sad state of affairs you have reduced the city to…Too much unauthorised construction is going on…This jugalbandi that is going on needs to be stopped. What are you doing to this city? It has become a slum. This is happening in the New Delhi area. Can’t imagine what must be happening in other areas”.
The MCD counsel submitted that “despite the first and second floor of the property being sealed”, the erstwhile owner had sold the property to another person (the present owner) who not only entered the property but constructed the third, fourth and fifth floors. He said that even the ground and first floor are unauthorised, and MCD had carried out “substantial demolition” on the third, fourth and fifth floor, “even though the land belongs to the DDA”.
“This court finds it surprising that encroachment of public land, illegal and unauthorised construction at such a massive scale has taken place in the heart of Delhi virtually under the nose of officials of the MCD, DDA, ASI and Police. This court is of the prima facie view that the matter requires to be investigated by the Central Bureau of Investigation,” the HC said and directed the present owner to appear before it on the next date of hearing.
“This ping pong will stop once we get the CBI in. DDA and MCD officials will get active. You are both passing the buck to each other… Between the two, someone had to take a decision and one of the respondents has failed us. Who has failed us that we will come to know through the CBI. You are turning your backs to this. This is not acceptable,” the bench orally said. The matter is next listed on February 7.