System will collapse: HC laments over authorities' failure to stop unauthorised constructions
The court, which hinted at ordering a CBI probe in the matter, said no institution or authority can be used to perpetuate illegality.
Representative image
NEW DELHI: The Delhi High Court lamented on Thursday over the failure of multiple authorities in curbing unauthorised construction, saying this will lead to "complete lawlessness" in the city and the entire system will collapse.
A bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora said the failure of the authorities to stop unauthorised construction near centrally-protected monuments Nizamuddin ki Baoli and Barakhamba Tomb has "shocked" the court.
The court, which hinted at ordering a CBI probe in the matter, said no institution or authority can be used to perpetuate illegality.
"Once we transfer the investigation to the CBI, the role of the Delhi Police will also be examined. Everyone's responsibility should be fixed. It is a failure of multiple agencies. These multiple authorities working on the ground level have all failed us. This is shocking," the bench said.
It added that if this is allowed, there will be complete lawlessness in the city and everything will collapse and this is not good for the society.
The court was hearing a public interest litigation (PIL) matter filed by NGO Jamia Arabia Nizamia Welfare Education Society, claiming that "illegal and unauthorised construction" was being carried out at "Khasra number 556, Ziyrat guesthouse, near Baoli gate, Hazrat Nizamuddin Dargah, near police booth".
The court noted that neither the Municipal Corporation of Delhi (MCD) nor the Delhi Development Authority (DDA) had acted against the unauthorised construction, which was stated to have taken place on the three upper floors of an already-sealed guesthouse that was illegally built on DDA land near the monuments.
Now, the owner of the property has filed an application in the main petition, seeking permission to place certain documents on record to show how he acquired the property.
The bench asked that when the property was already sealed, how could construction be carried out on the three floors and said "that is why we want to bring in the CBI to investigate. We do not want to harass anybody unnecessarily".
The court listed the matter for further hearing on February 13.
It had earlier said encroachment on public land is like dacoity and asked the MCD to use technology, such as drones and satellite images, to maintain vigil.
The court had expressed its displeasure over the unauthorised construction and said there was "serious dereliction of duty" on the part of officials who did not work on the ground in spite of intimation by police and the Archeological Survey of India (ASI).
On February 1, the court said civic authorities must work together against illegal construction and pulled up the MCD and DDA over their failure to act against the unauthorised construction.
The petitioner, represented through advocate Rakesh Lakra, has argued that the DDA, MCD, Delhi Police and ASI have failed to stop the construction at the guesthouse, which is located within 100 metres of Nizamuddin ki Baoli and Barakhamba Tomb.
The petitioner has said pursuant to the court's directions, the property was sealed. However, there has been a "brazen resurgence of unauthorised construction activities on the subject property".
The petitioner's counsel has contended that a large number of illegal and unauthorised guesthouses have been allowed to operate by authorities in the area and the structures pose threats to the environment, heritage and cultural significance of the area.
The plea has sought a direction to the authorities to "fulfil their constitutional obligations and duties" and stop the alleged illegal and unauthorised construction at the guesthouse.
