‘Unhealthy Pattern Of Not Filing Responses In Time, Will Impose Costs If Time Schedule Not Adhered To’: Delhi High Court Warns Govt Authorities

Taking exception to the “unhealthy pattern” of not filing status reports and affidavits in time, the Delhi High Court has cautioned the government authorities, state departments and corporations that costs would be imposed if the time schedule for pleadings fixed is not adhered to.

Justice Prathiba M Singh observed that usually all the governmental authorities, despite specific directions, are unable to file the affidavits within the specified time schedule and “they choose to do so only within the same just one or two days before the date of hearing.”

“The Court is constrained to observe that there is an unhealthy pattern of governmental authorities, state departments and corporations not filing the Counter Affidavits and Status Reports as per the timelines prescribed by the Court,” Justice Singh said.

The court was hearing a plea moved by Wazirpur Bartan Nirmata Sangh. The Municipal Corporation of Delhi (MCD) on August 17, 2022 was directed to take further steps to ensure removal of encroachments.

The court had also directed the MCD to file a further affidavit specifically disclosing whether all encroachments were removed from the road in question and if further steps remained to be taken. The local SHO was also asked to file an affidavit in the matter.

Noting that neither the MCD nor the concerned SHO filed any affidavit in the matter in time, Justice Singh said that the responses by both the authorities were handed over in court on the date of hearing.

The court noted that the responses are stated to have been filed on January 26 and 28 itself.

“It is observed that usually all the governmental authorities, despite specific directions, are unable to file the affidavits within the specified time schedule and choose to do so only within the same just one or two days before the date of hearing. It is made clear that costs would be liable to be imposed, if the time schedule for pleadings fixed by the Court, are not adhered to,” the court said.

The MCD in the response said that after the removal of encroachments, the Assistant Commissioner of Police (North West) was issued a letter to ensure that no further encroachment or illegal construction takes place.

Observing that the last year’s order clearly directed the MCD and local police to ensure that public roads are made clear of encroachment and illegal structures, the court said:

“It is usually seen that even if the demolition or encroachment removal takes place, the local police does not thereafter, ensure that no fresh encroachments are made. Moreover, the malba in the area is left lying as it is which inconveniences the public.”

Justice Singh said that whenever unauthorised construction and encroachments are removed, cleaning up of the area in question is an obligation of the MCD “which they have to undertake without fail.”

It added that the SHO of the area would also be responsible to ensure that no further unauthorised construction is made out after encroachments are removed.

The court thus directed the Assistant Commissioner, Keshav Puram Zone, MCD along with three to four representatives of the petitioner association and concerned SHO to conduct a joint inspection of the area.

“After the said joint inspection, a joint status report shall be filed. This shall be the last and final opportunity to the Assistant Commissioner, Keshav Puram Zone, MCD, as also to the concerned SHO to ensure that there are no more encroachments in the area failing which the action would be liable to be taken against these officials personally,” the court said.

The court directed that all the encroachments and illegal constructions be removed and a comprehensive status report be placed “at least one week before the next date of hearing” failing which the concerned Divisional Commissioner and SHO shall remain present.

The court will hear the matter next on April 10.

Title: WAZIRPUR BARTAN NIRMATA SANGH (THROUGH ITS SECRETARY) & ORS v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 100

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