Taking serious view of the assault on an MCD engineer by unidentified persons in Central Delhi earlier this month,the Delhi High Court on Wednesday took suo motu cognisance of the incident and directed the Police Commissioner to elaborate on the action taken in this regard.
Acting Chief Justice A K Sikri observed that if such an incident occurs again,only the Delhi Police Commissioner would be able to take action against unauthorised structures in the city.
MCD executive engineer Ansar Alam was beaten up allegedly by the builder mafia on February 7 after he took action on illegal constructions.
If goons are going to beat officials who seek to act against those having unauthorised construction,we think only the Police Commissioner could be appointed as the officer to inspect and take action against unauthorised construction, remarked Justice Sikri.
The bench took up the matter along with another petition that had cited over 140 unauthorised constructions in the Walled City area. The other petition sought a court order to the MCD for taking action against such properties.
As the issue came up for hearing,the counsel for the petitioner alleged that the MCDs status report on the action that it had taken against such properties was not reliable and there were discrepancies. It was pleaded that the court must appoint a local commissioner to inspect the properties and report back.
This contention evoked a strong response from the bench,also comprising Justice Rajiv Sahai Endlaw. It said: Who else but the Police Commissioner could be appointed as the local commissioner when officials going out against illegal construction are beaten up?
Who will take the task in such circumstances? Let the Police Commissioner be appointed as local commissioner in all such cases hence, observed the bench,adding that the court was compelled to take the suo motu cognisance of the assault.
MCD advocate Ajay Arora demanded stern action against Alams attackers and also requested the court to seek a status report from the police on the probe carried out so far.
Justice Endlaw asked Zubeda Begum,counsel for the Delhi government,if MCD officials get police protection.
Begum informed the bench that police assistance was provided whenever MCD asked for it,and that she would have to seek details from the Delhi Police regarding the progress of investigation against the building mafia.
The court issued notices to the Delhi government,Delhi Police and MCD,while also seeking their responses. The Commissioner has also been asked to file a status report on the investigation so far.