Supreme Court Orders Sealing Of Chandni Chowk Properties With Illegal Constructions;Calls For Arrest Of Violators

Again deprecating rampant illegal and unauthorized constructions stated to be going on in Delhi's Chandni Chowk, the Supreme Court today directed that police authorities shall arrest any person who is found laying even a single unauthorized brick in the area.

A bench of Justices Surya Kant and Joymalya Bagchi heard the matter and further directed sealing of all properties in the area where unauthorized or illegal construction is found to be going on.

"You go every day for patrolling. If anybody is found to put a brick, he must be arrested then and there. This is a complete fraud going on in collusion with these municipal corporation officials. This must be stopped. And otherwise, [we will ask police also to come]", said Justice Kant to Delhi police authorities.

In the order, it stated,

"The Commissioner of Police shall continue to deploy a police team for patrolling in the area and ensure that all the demolition notices passed by the MCD, over which Courts have not granted stay, are meticulously complied with and where the illegal/unauthorized constructions are going on, such properties are sealed forthwith. A compliance report by the local DCP shall be filed."

The Court also took note of a residential property, on the ground floor of which an old woman resides, and has been beseeching the municipal authorities to take action against a builder's unauthorized construction of a commercial floor over it.

"2022, this builder starts. And this old woman, ground floor poor lady, is crying before authorities, running from pillar to post. You don't do anything. And when we pass order, you go and dismantle everything. What have you been doing all these years!?" posed Justice Kant to MCD. In the order, the Court called for the details of the builder, in order to be able to take "suitable penal action against him".

The bench ultimately told Additional Solicitor General SD Sanjay to get the defaulters arrested "then and there" as they will "not mend their ways". "We will see who grants them bail", commented Justice Kant.

To recap, during earlier hearings, the Court had expressed an inclination to direct a Central Bureau of Investigation enquiry into the alleged illegal and unauthorized commercial construction in Chandni Chowk as well as the Municipal Corporation of Delhi's failure to deal with the same. Subsequently, it stayed the conversion of residential houses into commercial complexes in the area. The Court also cautioned the MCD that any non-compliance would not only be viewed as contempt of Court, but also warrant drawing of an adverse inference regarding collusion between the municipal authorities and the concerned builders.

Today, at the outset, the Court noted that MCD, represented by Senior Advocate Sanjeev Sagar, had finally woken from its "slumber" and was taking some steps. It however probed as to what the Corporation had done in connection with some houses which were clubbed in a "clandestine" manner. Calling for MCD's reply on an application related to the houses, the Court ordered that no commercial activity shall be permitted to be take place, and if need be, the properties may be sealed.

Orally, the Court told the MCD to file inspection reports and the petitioner to bring any further instances of unauthorized construction on record alongwith affidavit. "How daredevil these people are, despite our orders!", remarked Justice Kant before parting with the matter.

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).

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