SC warns those obstructing sealing of illegal constructions in Delhi

The Supreme Court warned today that those obstructing the government officials from carrying out sealing of unauthorised and illegal constructions in Delhi would be sent directly to the Tihar jail from the court.

The stern warning came from a bench of Justices Madan B Lokur and Deepak Gupta, which accepted an unconditional apology tendered by Mukesh Suryan, the chairman of the wards committee of the Najafgarh zone, against whom allegations were levelled that he had threatened the officials.

The Forum of MCD Engineers had alleged in the apex court that Suryan had threatened the officials when they had gone to seal unauthorised constructions as per directions of the court-mandated monitoring committee.

During the brief hearing, Suryan's counsel told the bench that an affidavit tendering unconditional apology has been filed by Suryan and he would not repeat any such thing in the future.

"Make sure that it is not repeated and if you will do it again, then come to the court with a suitcase as you will go directly to Tihar jail from here," the bench said.

The apex court had earlier warned against threats given to officials, who were carrying out sealing of unauthorised constructions, and said that such kind of 'dadagiri' (bullying tactics) would not work.

The bench had said that affidavit filed by Suryan earlier was "not at all satisfactory" since he was tendering an unconditional apology on one hand and trying to justify his action on the other.

During the hearing today, an advocate, assisting the court as an amicus curiae, told the bench that the Forum of MCD Engineers has said that they were appointed as grid officers for areas where the Municipal Corporation of Delhi (MCD) has no jurisdiction.

"They (forum) are saying that they should not be made responsible for area where the MCD has no jurisdiction," the amicus said.

The counsel appearing for the forum said they have filed an application in this regard.

The bench said that the matter would be heard on August 14.

The apex court had last month directed that there would be "no stopping of sealing or demolition" of unauthorised constructions in Delhi after the Centre said it had not given any instructions to the civic bodies to go slow or stop the sealing drive against offending structures.

The top court is dealing with the issue of validity of the Delhi Laws (Special Provisions) Act, 2006, and subsequent legislations that protect unauthorised constructions from being sealed.