HC gives six weeks to clean Delhi of illegal sites

The Delhi High Court today directed the authorities to remove all unauthorised constructions in the Capital in six weeks.

While hearing a petition in relation to the removal of illegal construction in Patel Nagar, a division bench consisting of Justice Vijender Jain and Justice Rekha Sharma said the orders pronounced in this regard on November 30 and December 6 would be applicable to the whole of Delhi.

The court on November 30 had directed the MCD commissioner to demolish all unauthorised constructions in 36 buildings identified in Patel Nagar area by the three-lawyers' committee appointed by the court in 2003.

Besides, it had asked the MCD to initiate appropriate action against erring officials who connived with the land owners to carry out illegal construction.

According to the court, the removal of unauthorised construction at Patel Nagar would be a test case for the Municipal Corporation of Delhi (MCD). ''To say that the MCD and its officials are without any power shows that there is a complete nexus between these officials and the builders in building such structures flouting the building bylaws,'' the Judges said.

Directing the MCD to file a status report by January 18, the next date of hearing, the court said, ''We make it clear that even if any other area is not included in the petitions would also be included in the plan of the authorities to remove illegal constructions.''

Warning that an appropriate action would be ordered against the erring officials as a deterrent, the court observed that rampant illegal constructions went on unabated for lack of vigilance by the officials in the Capital.

The court said 'It was a lucrative business to permit people to illegally construct structures flouting the building bylaws,' the judges said.

The judges had earlier observed that the builders had duped several gullible buyers by selling flats and houses after making illegal constructions. ''The builders have committed a fraud on the buyers in connivance with the MCD authorities,'' said the bench.

The court had also directed the MCD to produce the building plans approved by the authorities after January 1, 2000 before it so as to detect the wrongdoings by the builders or the authorities.