Chandni Chowk Illegal Constructions | 'Will Direct CBI Enquiry' : Supreme Court Pulls Up Delhi Municipal Corporation

The Supreme Court today expressed an inclination to direct a Central Bureau of Investigation enquiry into alleged illegal and unauthorized commercial construction in Chandni Chowk, Delhi as well as the Municipal Corporation of Delhi's failure to deal with the same.

Pulling up the Municipal Corporation of Delhi over its inaction, Justice Surya Kant said, "We are inclined to [direct] CBI to investigate...in Chandni Chowk, builders construct like that and you shut your eyes!?"

When the MCD counsel submitted that the alleged unauthorized construction was removed pursuant to orders passed by the Delhi High Court, and that a Court Commissioner's report is also there in that regard, Justice Kant questioned whether the Corporation is being run by builder(s).

Defending the Corporation, the counsel stated that orders for sealing and demolition were in fact passed, however, the judge exclaimed, "Someone comes in PIL, then suddenly you wake up [and] start doing all this lame exercise. The High Court unfortunately does not even allow petitioners to say something and suddenly closed on your statement. We will direct CBI to investigate everything."

At this point, MCD's counsel urged that the matter was not disposed of by the High Court on the Corporation's statement alone. Rather, there were photographs on record to show the updated position. However, the bench posted the matter after 1 week, asking that the Corporation first show cause as to why a deeper probe not be ordered.

"This matter requires not only the inspection of the site by an expert team, including the measurements, the affairs of the Municipal Corporation would also have to be gone into in the matter of permitting illegal and unauthorized commercial constructions apparently for extraneous considerations. There shall be a show cause as to why a deeper probe [not] be ordered..." dictated Justice Kant.

Besides the aforementioned direction to MCD, the bench of Justices Kant and N Kotiswar Singh asked the petitioners to serve the unserved respondents, as the Court cannot pass an order without hearing them. It also called on the petitioners to suggest names of some independent persons (architects, engineers, etc.) for constitution of a Committee that can go and inspect the site prior to the Court ordering CBI enquiry.

Briefly put, the Court was dealing with a challenge to two orders of the Delhi High Court - one, whereby petition for removal of unauthorized construction at Bagh Deewar, Fatehpuri, Delhi (Chandni Chowk area) was disposed of on the statements of the respondents (including MCD) and a second, whereby property bearing No.13-16, Bagh Deewar, Fatehpuri, Chandni Chowk was excluded from the scope of PIL proceedings initiated by residents of Katra-Neel Chandni Chowk alleging unauthorized commercial construction at property No.15, Bagh Deewar (though it was a residential zone).

Notably, the first impugned order recorded a statement that unauthorized construction in question had been removed by the private-Respondent. The said statement was confirmed by counsel appearing for MCD. In view of the same, the High Court permitted the private-respondent to carry out repairs in the subject property, but directed MCD to maintain a strict vigil over it. Further, a Court Commissioner was directed to visit the property and file a fresh report. In case the said Report disclosed any breach of law, liberty was given for filing of an application.

Case Title: DR. S. JAITLEY AND ANR. Versus MUNICIPAL CORPORATION OF DELHI AND ORS., Diary No. 35312-2024