Why aren't you exercising powers against unauthorised constructions? Delhi HC to MCDs

NEW DELHI: The Delhi High Court today asked the municipal corporations why they are not taking action against unauthorised constructions in the city despite having the power and wondered whether it would be better to dissolve them and have the Centre take over.

"You (MCDs) have the power under the Delhi Municipal Corporation Act. Why are you not exercising them?", a bench of justices Badar Durrez Ahmed and Siddharth Mridul said and told the central government's Standing Counsel Anil Soni that "may be the Centre can dissolve them and take over their functions. Then there will be no passing of the buck."

The court made the remarks while hearing a bunch of petitions pertaining to illegal constructions being carried out in various parts of the national capital.

MCD said that it does not have policing powers and needs police help to act against illegal constructions by sealing and demolishing them and alleged that often when they give a complaint to police, it does not lodge an FIR.

The police denied the allegation and contended it has lodged an FIR every time MCD has filed a complaint with it regarding any construction being carried out without sanction plans.

In view of the submissions by the authorities, the court, "as a first step" towards implementation of its order to prevent all unauthorised construction in the capital, directed MCD and other concerned agencies "to inspect areas under their jurisdiction and file complaints with Delhi police whenever they find any unauthorised construction taking place".

"Advocate Zubeda Begum, appearing for Delhi police, states that when such complaints are received same shall be registered as an FIR in accordance with law," the court said.

It directed that on next date of hearing, the "concerned agencies will provide list of complaints made and Delhi police will indicate how many FIRs have been registered." The court will hear the matter on November 19.