"You (MCDs) have the power under the Delhi Municipal Corporation Act. Why are you not exercising them?", a bench of justices Badar Durrez Ahmed and Siddharth Mridul said and told the central government's Standing Counsel Anil Soni that "may be the Centre can dissolve them and take over their functions. Then there will be no passing of the buck."
MCD said that it does not have policing powers and needs police help to act against illegal constructions by sealing and demolishing them and alleged that often when they give a complaint to police, it does not lodge an FIR.
The police denied the allegation and contended it has lodged an FIR every time MCD has filed a complaint with it regarding any construction being carried out without sanction plans.
In view of the submissions by the authorities, the court, "as a first step" towards implementation of its order to prevent all unauthorised construction in the capital, directed MCD and other concerned agencies "to inspect areas under their jurisdiction and file complaints with Delhi police whenever they find any unauthorised construction taking place".
It directed that on next date of hearing, the "concerned agencies will provide list of complaints made and Delhi police will indicate how many FIRs have been registered." The court will hear the matter on November 19.