"We are deferring directions to CBI till next date of hearing. If the governments do not act, we will act.
"We hope by that date both Central government and Delhi government would have taken concrete measures as mentioned in our earlier orders," said a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva which referred to the area as a "can of worms" after being told that RWAs of the area were collecting toll from commercial vehicles entering or passing through.
"How can you charge vehicles entering the area? On what basis are you doing so? How can you have a toll road? What is happening? This is very strange. This is unknown of. This is an unauthorised colony and you are collecting toll. What nonsense is all this? Is this some sort of mafia?" the court said.
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The observations came after the court was told that the RWAs were charging between Rs 20-Rs 800 from commercial vehicles, including autos and heavy trucks carrying construction material.
Some of the RWAs which were present in court, told the bench that the amounts were being charged for maintenance of the roads which were privately built.
The court was hearing a PIL filed by an NGO alleging illegal construction in Sainik Farms.
The RWA of the Defence Services Enclave told the court
The court observed that in such a situation there was no need for the municipal corporations as private people can maintain the roads.
The bench, thereafter, directed the south MCD to install CCTV cameras at all entry and exit points of the colony within four weeks. The corporation was also ordered to file a list of officials deputed on duty at Sainik Farms, since 2001 as per court orders, to man the entry points to prevent entry of trucks carrying construction material.
The bench asked Delhi police that if records which are more than 10 years old are destroyed, then what would happen if some case comes up after that period.
"Why should you destroy? Is is because there is no space? Then digitise the records," the court said and directed the police to "trace out the data" regarding its officers on duty at Sainik Farms from 2001-08 and to place it before the court within a week.
"This is why a preliminary enquiry by CBI is required. We will know culpability. We have to punish those who have violated the law," the court added.
However, the south MCD opposed the suggestion of CBI probe saying the only solution was to regularise the area.
It also told the court that with regard to the 700 complaints received by the corporation, complete demolition of 49 properties were carried out.