Not Oblivious Of Ground Situation Of Rampant Unauthorised Construction Allowed By MCD Officials Under Their Noses: Delhi High Court

The Delhi High Court has observed that it is not oblivious of the ground situation regarding the rampant unauthorized construction allowed by officials of the Municipal Corporation of Delhi (MCD) in the city “under their very noses” and the “ill motivated selective application of laws”, thereby harassing and tormenting innocent people.

Justice Dharmesh Sharma issued notice of show cause against three officials of erstwhile North Delhi Municipal Corporation (NDMC), now renamed as MCD, as to why they should not be punished for committing contempt of judicial orders passed in a plea moved by a woman.

“This Court is not oblivious of the ground situation as to rampant unauthorized construction allowed by the official of the MCD under their very noses and ill motivated selective applications of laws thereby harassing and tormenting innocent people. The petitioner is one such lady who wants to raise construction as per law and her legitimate expectations have been dealt with a death blow. The respondents officials are expected to discharge their duties in a manner which inspires confidence of the people,” the court said.

The woman moved the petition against the officials alleging that they committed contempt of a judicial orders passed in 2017 and 2018. She sought sanction of the building plan for third floor on a property which was declined by the MCD officials on the ground that floor-wise sanction could not be approved.

In 2017, the court had directed the civic body to process her application for sanction of the building plans. After the contempt plea was moved, the MCD told court that the sanction was under consideration and decision would be conveyed to the lady.

However, in 2018, the MCD rejected her application for sanction on the ground that no sanction building plan of the existing construction was submitted and there was no structural stability certificate to prove that the entire structure would be safe or stable.

Justice Sharma said that the reasons advanced by the MCD officials in their rejection letter were wrong and false, and that scant regard was accorded to the judicial directions.

“The respondents have not cared even to respond to letter dated 08/09.05.2018 and the manner in which the representation of the petitioner has been dealt with, leaves much to be desired as it is but obvious that they have in their possession the documents which were referred in their rejection letter dated 25.04.2018. Neither did they bother to call upon the petitioner to submit such documents afresh nor was she afforded a hearing,” the court said.

It added: “Therefore, I have no hesitation in holding that the respondent officials have brazenly and audaciously not complied with the letter and spirit of the directions passed by this Court dated 30.11.2017. Five long years have gone by and the respondent officials force the petitioner back to square one.”

Finding the officials guilty of committing contempt of judicial directions, the court directed them to appear before court for hearing on January 16, 2024.

“In the interregnum, the respondents are directed to review the order dated 25.04.2023 and consider the reply of the petitioner dated 08/09.05.2018, and pass a reasoned order after affording her, or her authorised representative an effective hearing. This whole exercise be conducted on or before the next date of hearing, for which a status- cum-compliance report be filed on or before the next date of hearing,” the court said.

Title: VIREN SINGH v. MADHUP VYAS & ORS.

Citation: 2023 LiveLaw (Del) 1283

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