Delhi HC directs DDA, MCD to put structural reforms in place

February 22, 2024: The Delhi High Court, on February 20, 2024, directed the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) to put structural reforms in place and come up with new strategies to deal with issues of encroachment and illegal and authorised constructions in the national capital, according to media reports. The court observed that illegal and authorised constructions in Delhi are taking place at a scale previously unheard of despite the multiplicity of authorities and an elaborate system of checks and balances.

As cited in reports, a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that the court is of the view that structural reforms are required in the working of respondents (authorities) to deal with illegal and unauthorised constructions of such giant magnitude. The issue of overlapping jurisdiction needs to be resolved by issuing clear and cogent practice directions.

The bench was hearing a public interest litigation 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 Baoli gate, Hazrat Nizamuddin Dargah near the police booth.

The court observed that neither the MCD nor the DDA acted against the unauthorised construction, which was said to have taken place on the upper floors of an already sealed guest house that was illegally built on DDA land near the monuments.

The counsels for the MCD and the DDA informed the court that the property has now been demolished in its entirety, as cited in the reports.

The court expressed its displeasure over the fact that despite the matter being the matter being brought to the notice of various authorities, a five-storey building was constructed.

Further, the court said the administrative responsibility needs to be fixed and the role of the parties involved in the illegal construction must be examined. It has directed the MCD commissioner and the DDA vice chairman to ensure that inquiries are conducted, and that the responsibility of its officials is fixed.