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Demolish illegal 4th, 5th floors: Delhi HC
November 16, 2007 23:45 IST
Last Updated: November 16, 2007 23:46 IST
Signalling the return of demolition squads in the capital, the Delhi high court on Friday directed the Municipal Corporation of Delhi to start demolishing illegal fourth and fifth floors of properties, which had not been offered amnesty under any law.
The Division Bench of Justice A K Sikri and Justice Rekha [Images] Sharma asked the Monitoring Committee, appointed by the court, to monitor the demolition of all such illegal constructions in Delhi.
The court order came after the committee submitted its 12th report and pointed out that the MCD and Delhi Development Authority have failed to take any action despite their repeated suggestion for demolition.
The court asked the committee to convene a meeting of officials from all concerned agencies including DDA, MCD, New Delhi Municipal Corporation, L&DO and Public Works Department within 15 days and draw a plan of action to carry out the demolition.
Justice Sikri said that the officials called for the meeting should not be below the rank of additional commissioner.
Committee Member R S Gupta submitted before the Bench that the government under the Delhi Laws (Special Provisions ) Act 2006 had granted a one-year moratorium to all illegal constructions, but that expired on May 18.
Even after six months of the expiry of the moratorium period, the civic agencies have not started the demolitions, Gupta said.
Countering his submission, MCD counsel Jagmohan Sabharwal told the court that some of the illegal constructions would be allowed regularisation under the Master Plan of Delhi 2021.
Taking a serious view on a CBI report against former Deputy Commissioner of MCD's Rohini zone G S Matharu, accused of allegedly misleading the court, the Bench issued a show-cause notice to him asking him why action should not be taken against him for contempt.
Seeking a reply from him within 15 days, the Bench asked him to appear in person on the next date of hearing.
"Prima facie it appears Matharu had tried to mislead the court by filing an affidavit, which contained averments with regard to demolition in Rohini Zone in August 2006. The show-cause notice for contempt of court be issued," the court said.
The Court notice came after the Monitoring Committee submitted the CBI report, as it was earlier submitted to the Monitoring Committee by the investigating agency in July, in a sealed cover.
Earlier, the Monitoring Committee members told the court that the CPWD has not removed encroachments so far on public land measuring 51,000 square yards in Sanjay Basti jhuggi cluster.
"There are as many as 228 illegal godowns and 28 factories on agricultural land in two villages of Bakoli and Hamidpur in Narela zone in violation of all legal provisions. Inspite of reminders, DDA and MCD are not taking any action of sealing and demolition," the report said.
Meanwhile, the Bench reserved its order on the petitions related to illegal sub-division of properties in the Rama Road area in Najafgarh Zone.
The Bench was hearing a petition filed by Kalyan Sanstha, an NGO, seeking direction to civic agencies to demolish all illegal constructions to decongest Delhi.