The Delhi High Court said on Thursday that the city has become a slum and the civic authorities must work together against illegal construction as it pulled up the MCD and DDA over their failure to act against unauthorised construction near Nizamuddin ki Baoli and Barakhamba Tomb, two centrally-protected monuments.
Asking the authorities to stop passing the buck to one another, a bench headed by Acting Chief Justice Manmohan said, “Very sad affairs you have reduced the city to.”
“This jugalbandi has to be stopped. Don’t do this to the city. It has become a slum,” the bench, also comprising Justice Manmeet PS Arora, added.
The court, which was dealing with an instance where unauthorised construction was stated to have taken place on the upper floors of an already-sealed guesthouse that was illegally built on DDA land near the monuments, sought the presence of the owner of the building and opined that “prima facie, the matter requires investigation by the CBI”.
This “ping-pong between” the authorities will stop after the CBI gets into action, it remarked.
“They should have never been allowed to construct like this. In New Delhi area, this is happening. What is happening in far-flung areas?” the bench asked.
“So much unauthorised construction is going on. It is visible from one kilometre. You are supposed to function as one. If he is not doing it, you should have (done it). It is visible to MCD officials everyday. This area has rampant (unauthorised construction),” the court further said, adding that a “half” of the city’s Air Quality Index (AQI) could be attributed to the Municipal Corporation of Delhi (MCD).
The court also asked the counsel for the building owner to explain how construction was carried out between the second and fifth floors when the lower floors were never de-sealed by the authorities.
The court had observed last month that such construction was prima facie not possible without the connivance of police and civic authorities.
The proceedings took place on a public interest litigation (PIL) petition filed by NGO Jamia Arabia Nizamia Welfare Education Society, claiming that “illegal and unauthorised construction” was being carried out at “Khasra number 556 Ziyrat guesthouse, near Baoli gate, Hazrat Nizamuddin Dargah, near police booth”.
The petitioner, represented through advocate Rakesh Lakra, has argued that the DDA, MCD, Delhi Police and Archaeological Survey of India (ASI) have failed to stop the construction at the guesthouse, which is located within 100 metres of centrally-protected monuments Nizamuddin ki Baoli and Barakhamba Tomb.
The petitioner has said pursuant to the court’s directions, the property was sealed, however, there was a “brazen resurgence of unauthorised construction activities on the subject property”.
The counsel has contended that a large number of illegal and unauthorised guesthouses have been allowed to operate in the area by the authorities and the structures pose threats to the environment, heritage and cultural significance of the area.
The plea has sought a direction to the authorities to “fulfil their constitutional obligations and duties” and stop the alleged illegal and unauthorised construction at the guesthouse.
The matter would be heard next on February 7.
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