'Everybody Trying To Pass The Buck': High Court Questions Centre, Delhi Govt Over Regularization Of Colonies In Sainik Farms

The Delhi High Court on Wednesday (August 13) suggested the Central and Delhi governments to sit across the table and make an endeavour to address issues relating to regularization of alleged unauthorized constructions in the city's Sainik Farms area.

During the hearing the court orally remarked that it appeared as though everybody was trying to pass the buck, wherein, and as it happens in such matters the buck ultimately stops at the court.

The court thus asked the counsel appearing for department officials in both governments and authorities to take instructions with respect to court's March order where it had asked the authorities to see how the concerns raised in the matter can be best addressed. 

The counsel appearing for petitioner in one of the matters, submitted before division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela that the main prayer in the matter was for regularization and policy decisions regarding regularization.

"However in the interim we had filed application seeking repairs and maintenance. Since 2001 there has been an order which prohibits construction or carrying of any construction material inside...Repairs and maintenance in genuine cases is not being permitted," he said. 

During the hearing the court orally said:

"This petition has been pending since 2015. In these 10 years various issues have been cropping up...creating problem for residents. They have constructed their house...if repair of house is required, DDA cant permit therefore they are coming to us...These are not our functions. The basic question still remains as to what the central government in consultation with the state government is doing for regularising these colonies. You have to make a final decision. It appears again that everybody is trying to pass the buck and as happens in these matters, the buck ultimately stops at the court". 

The court further orally said, "Please ensure that whosoever is the officer who is concerned understands our intention and informs of information as to what it is that they are doing with these colonies".

"They have been hanging without being able to lay a brick even for repairs. And yet you continue to let them be the way they are for the last 10 years. You know very well why they are existing how they are existing. Still, none of the government's will do anything to mitigate..." the court further remarked. 

The court also asked why cant a legislation be brought in to mitigate the problems of residents where development charges can be charged or not permitting them to do particular kind of construction. 

"Within the current statutory framework perhaps its not possible. That is what it appears...," the court orally added.  

It further said that courts are generally told not to enter into arena of executive remarking, "You are asking us to give permission, not to give permission...all this is your job. And you have to find out a solution...they have been living here since when...why cant you take up these issues a bit seriously"

The court referred to its March 12 order where it had said, "...what we prima facie find is that the concerns raised in the writ petition need to be addressed by the Ministry of Housing and Urban Affairs, Government of India, Government of NCT of Delhi, Delhi Development Authority and the Municipal Corporation of Delhi". 

It thereafter said:

"It is in this background the court had requested the highest law officers of central government and state government appearing...to assist the court. We had also requested the learned counsel representing respective parties to seek instructions as to how best the concerns raised in this batch of petitions can be addressed...In the aforesaid view of the matter, we once again require the counsel for respective parties to complete their instructions in terms of order dated March 12 passed by the court. For the said purpose officers in Ministry of Housing and Urban Affairs Government of India, those of concerned department of Government of NCT of Delhi, DDA and MCD, may sit across the table and make an endeavour to address the issues raised in the petition". 

The matter is listed on October 8. 

Case Title: Ramesh Dugar v. SDMC & Ors. and Batch

W.P.(C)-6455/2015