Supreme Court Directs DDA Vice-Chairman To Explain Non-Compliance With Orders To Take Action Against Illegal Structures On Public Land

The Supreme Court recently directed the Vice-Chairman of the Delhi Development Authority (DDA) to file a personal affidavit explaining its failure to comply with orders related to the demolition of certain illegal constructions on public land in Okhla, Delhi.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan directed the Vice-Chairman to respond within three weeks and kept the matter on April 17, 2025 for further hearing.

“We direct the Vice-Chairman of DDA to file his personal affidavit explaining his default and explaining reasons for non-compliance with the orders passed by this Court from time to time. The affidavit of DDA shall be filed within a period of three weeks from today”, the Court directed.

The Court was dealing with a contempt petition alleging contempt of a 2018 order in the long-running MC Mehta v. Union of India case, in which it had issued directions to tackle rampant illegal construction and encroachment in unauthorized colonies and on public land.

In the 2018 order, the Court noted that such construction activities were taking place because the building by-laws and other regulations did not apply to these unauthorized colonies. The Court observed that this created a situation where unauthorized colonies were being treated more favourably than authorized ones, which it found unacceptable.

To prevent further illegal construction, the Court directed an immediate halt to all building and construction activities in unauthorized colonies, including those on public land. The order made it clear that construction in such areas could not continue in violation of building norms and regulations applicable to authorized colonies. The responsibility for ensuring compliance with this direction was placed on the relevant authorities. The Court also formed a Task Force to ensure compliance.

The present contempt petition was filed alleging tardy action against unauthorised occupation at Khasra No. 279, Okhla Village.

On February 10, 2025, the Court had noted that the demarcation of the concerned area was complete. It had then directed the DDA to provide a clear plan and timeline for implementing the demolition orders. The Court also directed DDA to indicate whether it needed assistance from other public authorities for the process.

The DDA, in an affidavit dated March 15, 2025, claimed that it could not proceed with the demolition of the concerned structures because the land in question had not been handed over, and sought a direction from the Court to the LAC/L&B Department for the handover of area of 3 bigha 8 biswa in the concerned land. However, the Court noted that the affidavit failed to explain why the demolition could not proceed even if DDA does not have possession.

On May 16, 2024, the Court had put the Vice-Chairman of the DDA on notice for non-compliance of an earlier order regarding demolition of unauthorised storeys of a building, stating that further inaction would invite contempt action against the concerned officers.