MCD's "Helplessness" To Take Action Against Illegal Constructions Reflects "Connivance" With Builder: Delhi High Court

The Delhi High Court disapproved the conduct of the Municipal Corporation of Delhi (MCD) for failing to take any effective actions against unauthorised constructions, despite having issued a demolition order against such illegal constructions.

It remarked “This Court cannot permit a situation where rampant unauthorized construction continues to be raised with impunity, and the municipal authority fails or is unable to take requisite action and, is thereby, virtually reduced to a hapless spectator.”

Justice Sachin Datta was considering the petitioner's plea to direct the MCD and other respondent-authorities to take proper action against unauthorised construction on the land in Rajokri, New Delhi.

A demolition order was issued by MCD on 09.10.2023 against the illegal construction in the land. Petitioner contends that despite the demolition order, MCD took no steps to stop the construction.

The occupier of the land in question filed an appeal before the Appellate Tribunal of the MCD (ATMCD) against MCD's demolition order. Through an order dated 18.01.2024, ATMCD directed MCD to grant hearing to the occupier of the land and pass a fresh order within one month.

However, MCD did not follow the time limit set by the ATMCD and issued a fresh demolition order only on 26.03.2024. After this, the occupier filed another appeal before the ATMCD which is still pending.

The High Court remarked that the conduct of the occupier of the land, in continuing with the unauthorised construction should have warranted a serious action from the respondent-authorities. However, they failed to take any action despite the demolition order.

The Court noted that MCD's affidavit revealed that the occupier of the property did not permit MCD to carry out any inspection of the land. Further, that MCD noticed the unauthorised construction only by inspecting the land from outside.

The Court criticised the MCD for not being able to identify the relevant address/khasra numbers of the land in question.

Taking strong objections at the failure of MCD in taking any effective actions, the Court observed that “It is difficult to countenance the helplessness of the MCD in even getting access to the property for the purpose of inspecting the same and that too after the matter was remanded to the MCD by the ATMCD.”

It remarked that if an authority like MCD claims helplessness on its part to take action against illegal construction, it gives weight to the petitioner's allegations that the MCD officials are in collusion with the occupier of the property.

“When an authority like the MCD professes to be either helpless or unable/unwilling to take action, the same lends credence to the allegations/ apprehensions of the petitioner regarding connivance of the MCD officials with the concerned owner/occupier/builder of the property in question. There is no justification whatsoever as regards the evident lack of ability/desire on the part of the MCD to take requisite action against the rampant unauthorized construction in the present case.”

Considering the circumstances of the case, the Court directed MCD to inspect the extent of unauthorised construction on the said land and also inspect for any illegal construction in neighbouring areas.

It ordered the MCD and the police authorities immediately halt unauthorised constructions. It stated that the action of respondent authorities should not be hampered by on account of any confusion regarding the khasra numbers of the said land.

The Court also directed ATMCD to decide the pending appeals expeditiously.

Case title: Smriti Bhatia cs. Municipal Corporation Of Delhi & Ors. (W.P.(C) 3759/2024 & Cm Appl. 15452/2024)

Citation: 2024 LiveLaw (Del) 911

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