Illegal construction in Sainik Farms: HC pulls up Delhi govt & civic agencies

The court specially summoned Additional Solicitor General Sanjay Jain to look into the matter. It also ordered that 24 unauthorised buildings in Sainik Farms, which have been identified by the government and the petitioner, be demolished by November 6.

The commissioners of the three municipal corporations of Delhi, who had been asked to appear before the court on the issue of unauthorised construction, have also suggested a “policy change” to allow more construction in the capital, “considering the ground reality”.

“People are constructing unauthorised buildings due to stringent formalities in getting the building plan sanctioned as well as typical bye-laws and other restrictions of the Master Plan/Zonal Plan,” the note submitted by the commissioners said. “The DDA (Delhi Development Authority) should come up with a simple policy to enable people to colonise the agricultural land,” the note stated.

“This is not our job. It is the job of the legislature and the government. You tell us what you are doing to curb unauthorised construction…,”the court said.

“Are you saying that nothing can be done? You are admitting that there are nearly 2 lakh unauthorised buildings in the city,” it said.

Around 12 separate PILs, regarding unauthorised construction in various parts of the city, were taken up by the court on Wednesday. The court expressed its displeasure at the Delhi government and the civic agencies for “passing the buck” after the counsels for the Delhi government, Delhi Police, the MCDs and the DDA blamed one another for allowing illegal construction.

The counsels for the MCDs also argued that the Delhi Electricity Regularly Commission (DERC) and the Delhi Jal Board were providing power and water connections to unauthorised buildings. The counsel for DERC, however, informed the court that the discoms provided connections to unauthorised areas to reduce incidents of electricity theft.

“Where is the buck going to stop? Look at the gravity of the situation,” the court said, pointing out specific allegations among the PILs about laxity of agencies.

One of the PILs stated that a building, which had been demolished by the MCD on September 1, had been constructed again by September 15. “Where are your beldars and Junior Engineers? How can the parties start constructing again once the building has been demolished?” the court said.

The court has now directed the Ministry of Urban Development, DERC, the DJB and the Delhi government to file their responses. It has also asked the ASG to look into the plea filed by the Delhi Sainik Cooperative Group House Building Society, which comprises ex-servicemen and families of servicemen who had been allotted land by the Defence ministry in 1961 as part of a resettlement scheme.

The commissioners of the three MCDs have been directed to come up with an action plan to tackle the issue. “Also come up with detailed suggestions as to actions required from other agencies,” the court directed.