Sealing: Centre, Delhi Govt & civic agencies face SC ire for inaction

The Supreme Court today gave a tongue-lashing to the Centre, Delhi government and civic agencies for their failure to stop unauthorised constructions in the national capital, saying that "lungs" of the citizens, especially children, were "damaged" due to inaction of the authorities.

The top court was critical of the continuous inaction by the authorities and said that the people of Delhi were suffering with problems such as pollution, parking and lack of green areas due to the issues arising out of unauthorised constructions.

"People of Delhi are suffering. Children are suffering. Our lungs are already damaged. Lungs of our children will also be damaged. Why? Because the Union of India, Delhi government, Delhi Development Authority (DDA), municipal corporations of Delhi (MCDs) say you can do whatever you want but we will not do anything," a bench of justices Madan B Lokur and Deepak Gupta said.

The apex court told Additional Solicitor General (ASG) A N S Nadkarni, representing the Centre, that unless the authorities would realise that the people of Delhi were important, nothing would change.

"People of Delhi are not cattles ...Everybody has some respect in the society," the bench said, adding there was a "continuous default" on the part of authorities since 2006 in this matter.

Nadkarni suggested that the top court should monitor the situation and the authorities should be asked to perform their duties in a time-bound manner.

"We are not policemen. Why should we do it?," the bench asked, adding, "Does the Supreme Court has nothing more to do?".

When Nadkarni argued that the apex court has monitored several issues in the past, the bench shot back, "You are doing nothing that is why we have to monitor several things".

"When the Supreme Court says something, it is said there is judicial activism and judicial overreach. This is happening. The Government of India can shut its eyes but we cannot. We have the constitutional obligations," the bench said.

It also questioned the government about the protests and 'dharnas' by the traders against the ongoing sealing drive.

When Nadkarni again said that the apex court should monitor it, Justice Lokur said, "Then there will be dharna outside my house."
The bench allowed the contention and said, "We expect that senior officials, who are in a position to take decision, would participate in the meeting, including the officials from the Delhi government, DDA, MCDs and Ministry of Urban Development and Housing."
The bench referred to the chequered history of unauthorised constructions and colonies in Delhi and said, "It is a 30-year-old problem. What have you done in these 30 years. The MCD was granting licences left, right and centre without having any concern for anybody."
"There is gross misuse of commercial establishments in residential areas. You have a 30-year explanation to give to the people of Delhi," the bench said, adding, "People of Delhi are not relevant to you."