Delhi High Court Reprimands MCD Commissioner for Unauthorized Constructions Leading To Flooding

The Delhi High Court has reprimanded the MCD Commissioner over illegal and unauthorized constructions in Delhi. The court criticized the misuse of judicial processes in these matters. A bench of Justice Manmohan and Justice Tushar Rao Gedela highlighted that one of the causes of flooding in Delhi is blocked water outlets due to unauthorized constructions. The bench directed the Municipal Corporation chief to take strict action against the culpable officials.

The court observed that some lawyers are engaging in blackmail and extortion in cases of unauthorized construction, thus misusing the court process. The bench emphasized to MCD Commissioner Ashwani Kumar, who participated virtually in compliance with the court’s direction, that the judicial system is being exploited for ulterior motives and extortion. The court stated, “We are being used as pawns in this whole matter. We want to break this nexus; it is a big nexus. The system is collapsing. You must take strict action against your officials.”

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The court highlighted that unauthorized constructions are blocking water outlets, leading to clogged drains and contributing to floods. It pointed out that buildings have been constructed on public land and drains, leaving no way for water to flow. The bench questioned MCD officials for ignoring unauthorized constructions, suggesting this was not possible without their connivance.

In response, Commissioner Ashwani Kumar assured the court that strict actions would be taken against the guilty officials, who would be sensitized, and a strong message sent that such activities would not be tolerated. He assured that the civic body would take action against unauthorized constructions and ensure their removal.

The court was hearing a petition filed by a 20-year-old woman seeking orders to halt and demolish illegal constructions on land in Paharganj. During the hearing, the MCD counsel argued that the petition was motivated. Although the high court prima facie agreed that the petition seemed motivated, it acknowledged the illegal and unauthorized nature of the construction. The court noted that it has encountered many cases where the petitioners’ bona fides are doubtful, yet the unauthorized and illegal construction is undisputed.