The High Court has raised concerns over the rampant illegal construction occurring in the capital, emphasizing the need for structural reforms to address the issue. The bench, comprising Acting Chief Justice Manmohan Singh and Justice Manmeet Pritam Singh Arora, criticized the inadequate response to illegal construction, highlighting the inefficacy of current sealing and demolition actions.
Call for Structural Reforms
The court directed the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) to implement structural reforms to tackle the proliferation of illegal construction. It expressed dissatisfaction with the current approach, citing the use of rudimentary methods like tape and string for sealing buildings, which fail to yield substantial results.
Demand for Technological Solutions
The bench urged for the adoption of simple technologies like digital mapping to detect large-scale encroachments and illegal constructions effectively. It criticized the executive for being complacent with the status quo and failing to embrace technological advancements to address the issue.
Transfer of Investigation to CBI
In a significant move, the court transferred the investigation of an FIR filed by Delhi Police concerning unauthorized construction near the Nizamuddin Dargah and Baoli to the Central Bureau of Investigation (CBI). It emphasized the need to investigate the roles of parties involved in illegal construction and fix administrative responsibilities accordingly.
Action on Public Interest Litigation
The court’s directives came during the hearing of a public interest litigation filed by Jamia Arabia Nizamia Welfare Education Society. The petition sought action against officials from various authorities, including the DDA and Archaeological Survey of India (ASI), for their failure to prevent unauthorized construction. The guest house in question was being constructed within 50 meters of centrally protected monuments, Barakhamba Tomb, and Nizamuddin Baoli.
With the court’s intervention and emphasis on technological solutions and accountability, there is hope for addressing the issue of illegal construction and preserving Delhi’s heritage sites.
