HC orders demolition of illegal construction by ex-MCD officer

The Delhi High Court today asked the South Delhi Municipal Corporation to demolish the illegal construction carried out by its former engineer-in-chief in the Freedom Fighter Enclave area here.
A bench of justices Badar Durrez Ahmed and Siddharth Mridul also suggested the Commisioner South Delhi Municipal Corporation (SDMC) issue a "restraining order" prohibiting illegal constructions in the national capital.
"You issue an order that no further illegal construction in Delhi is allowed," the court said, adding the property in question shall be demolished as soon as possible.
"The authorities concerned shall also file a photograph related to the work carried out on September 17. The SDMC will further file their status report regarding any unauthorised construction carried out in Delhi," the court added.

The court's direction came on a PIL filed through an NGO, Pardarshita Public Welfare Foundation, which alleged that "mass scale unauthorised construction is taking place in the area of Freedom Fighter Enclave, Chaterpur Enclave, Mehrauli, Shanti Kunj, Kishan Garh Colony and Neb Sarai in south Delhi, despite restraining orders pased by the competent authorites".
The society's General Secretary Harkrishan Das Nijhawan submitted in the court that the SDMC has allowed unauthorised construction "in connivance with the engineers of Building Department and the builders/owners of the properties which were indulging in unauthorised or illegal construction without any sanctioned building plan".

He submitted that as per record received under the RTI Act, a payment to the tune of Rs 1.25 crore has ben made by the SDMC to the contractor engaged for providing man and machinery for carrying out demoliton work.

"The public money, which would have been utilsed for welfare of the public, has ben wasted due to the irresponsible acts of the SDMC officials," the petition said.
Taking note of the submissions, the judge asked the SDMC, "how unauthorised constructions are being allowed?"
"You cannot defend the wrong people," it said and directed the SDMC to demolish the illegal construction by its ex official.