Delhi High Court Orders DDA, MCD To Demarcate Their Jurisdictions; Asks LG To Consider Conducting Survey

The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to demarcate their boundaries and jurisdictions in the national capital with precision (longitude and latitude) as far as possible.

“The Hon'ble Lieutenant Governor is directed to consider extending the survey to the whole of Delhi so that the jurisdiction of all statutory authorities is clearly demarcated and the ground level reality is not a mystery and is known to all,” a division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela said.

While dealing with a plea concerning unauthorised construction of a guest house near centrally protected Nizamuddin Dargah and Baoli, the Court took note of an affidavit filed by DDA's Commissioner (LM) stating that drone survey was conducted of about 97 sq kms (O Zone of Delhi) in the matter through Survey of India.

The Court has now said that the LG should consider extending a similar survey to the whole of Delhi so that jurisdictions of all statutory authorities here are clearly demarcated.

Furthermore, DDA's response said that for putting in place an institutionalised long-term mechanism as per Court's earlier order, a Tripartite MOU was executed between Survey of India DDA and MCD.

This was after the Bench had directed the DDA and MCD to put in place structural reforms and devise new strategies to deal with the menace of encroachment as well as illegal and unauthorized construction in the national capital.

As per the MoU, the scope of work would include geo-referencing of existing Cadastral Maps, creation of 2D/3D topographical template for rural and urban areas, resurvey for plot boundary or property for updation and collection of ownership data, digitization of data of various departments for integration etc.

“In view of the Standard Operating Procedure adopted under the Memorandum of Understanding executed between the SoI, DDA and MCD on 29th August, 2024 referred to above, no further orders are called for in that regard. The parties to the said MoU would be under an obligation to implement the said institutionalized long term mechanism,” the Court said.

The bench also asked the Commissioner of MCD to fix the administrative liabilities of all the officials involved in the case in hand and take strict action in accordance with law as expeditiously as possible.

The Court closed the PIL in view of the fact that the Guest House had been demolished.

In February, investigation in the case was transferred to the Central Bureau of Investigation (CBI). The FIR was registered by the Delhi Police concerning the unauthorised construction of the guest house.

The PIL was filed by Jamia Arabia Nizamia Welfare Education seeking demolition of the unauthorised construction at Ziyrat Guest House.

Title: JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS.

Citation: 2024 LiveLaw (Del) 1264

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