Breaking | High Court Issues Contempt Notice To MCD Officer Over Illegal Construction Despite 3 Demolition Orders, Suspects "Deeper Malice"

The Delhi High Court today gave flak to the Municipal Corporation of Delhi over illegal construction of a building despite three demolition orders passed against it over a course of two years.

"How come Junior Engineer doesn't obey orders of the Deputy Commissioners...and your senior officers are not able to call the shots. There must be some deep reason. You will have to take drastic action. There is some deeper malice here...Your officers are lacking moral courage and moral authority. Complete mayhem, it's not good for civil society...and it's not that it is confined to one region, one officer. This is pan Delhi. You'll have to speak to your DCs...there is some very very deep cause," a bench of Acting Chief Justice Manmohan told MCD Commissioner Ashwani Kumar, who was appearing virtually.

The bench noted that mere "football" size holes in the illegal building were made in March 2022, October 2022 and then in 2023 and therefore, the building had come up again. Addressing the Zonal Deputy Commissioner (DC) appearing in person, the bench orally said,

"The building is not constructed in a day. How are they able to construct it when you are there? Are you even working on ground? It is not for the Assistant Engineer or Junior Engineer alone. What are you there for? If you staff is not working, why are you not taking action? We can't deal with one matter five times. It's been reconstructed 3 times despite demolition orders. We are overburdened, and because of your inefficiency, this court will also come to a standstill."

The DC told the Court that show cause notices have been issued to 2 Executive engineers and concerned AEs and JEs. However, the Court proceeded to issue contempt notices to the DC as also his predecessor (who held office until February 2024). It said, "They (MCD staff) are working on ground level, they are receiving salaries and no one is terminated, in fact they are getting promotions."

The MCD Commissioner also told the Court that there is no official memo permitting mere puncturing of roof and that efforts are being made to curb "decorative demolitions" and to ensure that illegal constructions are razed to the ground. However, the Court called for a change in the Standard Operating Procedure and issuance of memos and officer orders in this regard.

Significantly, the builder in question one Ravindar Kumar Gupta also appeared in Court personally. Issuing contempt notice to him, Justice Manmohan orally remarked,

"We will send him straight to Tihar. How can he challenge HC orders? Are you the new don? May be you can take care of the MCD but, you can't take care of the HC. How many times have we passed the order? You are an elderly man, you have no respect for the law? This is virtually the 4th demolition order against your property."

Court was further irked on being informed that flats in the building have already been sold. It observed, "You should have not created third party rights. This is guerrilla warfare. You bring innocent people in front. You have no completion plans and you're going into sales? These innocent people are losing money..."

The alleged contemnors have been directed to file their replies in 2 weeks and the matter is listed next on 25th September.

Case Title: ENVIRONMENTORS PERPETUITY SOLUTIONS AND SERVICES PRIVATE V. DDA