Police, civic bodies duty-bound to remove encroachments: HC

Delhi High Court today said the police and civic agencies of the national capital were duty- bound to remove all encroachments on public land, saying no one can dare them from performing their duty.
It also took the police and DDA to task for not taking any action to demolish a temple an East Delhi locality to implement an eight year old order.
"You cannot say that your writ does not run on your land ... No one can dare the establishment or police," said Justice Manmohan, while hearing the contempt petition on non- compliance of the August 10, 2007 order where a direction was given to demolish illegal encroachments including the temple.

Tension had erupted at the Priyadarshini Vihar area yesterday when police and Delhi Development Authority (DDA) officials tried to demolish unauthorised construction of a temple there pursuant to a high court's 2007 order.
Angry protesters had prevented DDA and Delhi police team from entering the property for execution of the court's order and also damaged buses in protest.
When the matter came up for hearing before the court today, the judge asked the authorities concerned to file an affidavit within two weeks complying with its earlier order.

It said the order has to be complied with, "whether it is pleasant or unpleasant."

"DDA and other agencies to file status report in two weeks and to see that encroachments are removed. If the plan says that it is for the school, get it done and hand it over to the school," the judge said, while fixing the next hearing on November 16.
"If you are afraid of 100-200 people, one day your offices will be encroached. There is so much division in the society today that anyone can organise a crowd of 10,000 persons. If you want to lose it (the land), it's your wish. Original order is of 2007 and now it is 2015. Your officers have to go and get the temple removed.

"You must speak to the pandits and get it relocated. You will have to exercise some tact. You will have to do something .. Some tact and less brute force is required. If you are saying anarchy has set in, then I will handle it. However, your officer can handle it tactfully," the judge said.
The judge further told the agencies, "you cannot say that your writ does not run on your land. There is lack of chain of command. There has to be a will. If the DCP of the area goes at the site, it will be done in five minutes.