Illegal construction in Sainik Farm going on under watchful eyes of cops, MCD: Delhi High Court

NEW DELHI: The Delhi High Court today said that despite its 2001 order prohibiting further construction in Sainik Farms here, it is still going on illegally under the "watchful eyes of the police and municipal corporation".
A bench of justices Badar Durrez Ahmed and Siddharth Mridul observed that the judges in 2001 were in error to think that illegal construction in Sainik Farms can be curbed by directing police and MCD engineers to monitor entry points of the area to prevent building material from going in.

"Despite the order, occupants of Sainik Farm have managed to continue their illegal activities that too under watchful eyes of Delhi Police and Municipal Corporation of Delhi(MCD)," the court said.

It also said the starting point for examining violations by occupants of Sainik Farms was incorrectly fixed at November 20, 2012, and instead it should be February 8, 2007, a day after Master Plan of Delhi 2021 was notified.

"We direct Delhi government to examine violations from the starting date of February 8, 2007, and compare images of that period with current images of the area (sainik farms) and file a report within four weeks," the bench said and listed the matter for further hearing on February 4, 2015.

It also expressed the hope that by January 31, 2015, a policy for fixing the penalty, regularization charges, cost of land etc to be recovered from the residents of unauthorized colonies, especially Sainik Farms, would be adopted by the Centre after having consultations with all stakeholders.

The observation was made after the Centre, represented by Additional Solicitor General Sanjay Jain and advocate Anurag Ahluwalia, submitted deliberations are on to resolve complexities involved in the regularization process and to frame a policy for the same.

The bench asked the Centre, Delhi government and the civic authorities to either regularise the unauthorised constructions or demolish the same.

The court said that heavy regularisation charges can be slapped on those having unauthorised construction and the money can be used for development of other areas.