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Rampant unauthorised construction going on in Sainik Farms: HC

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Press Trust of India New Delhi

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The Delhi High Court today said "rampant" unauthorised construction was going on in the posh Sainik Farms here neither the municipal body nor Delhi Police has nothing to show apart from few prosecution and some demolition action that too on a "pick and choose manner".

The court observed that despite earlier direction that no trucks carrying construction materials would enter the area, many buildings have been constructed and even South Delhi Municipal Corporation (SDMC) has admitted in its affidavit that around 700 buildings came up there after 2007.

Expressing concern on the issue, a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva asked the standing counsel for CBI to appear before it on the next date of hearing on May 15 to discuss if the matter could be probed by the agency.
 

"We find that despite clear directions given by division bench of this court in several matters concerning Sainik Farm, rampant unauthorised construction is going on unabated. The division bench had clearly directed that no trucks carrying construction materials will enter Sainik Farm area and for this, Commissioner MCD and DCP South were to deploy officials.

"These personnel were deployed yet building construction activities continued in the area without any legal sanction," the bench said.

During the hearing, the counsel appearing for petitioner claimed that thousands of houses have been built in the area despite the court's orders.

On being asked about the number of such trucks carrying required building materials in the area, the counsel claimed that 200 trucks were required, besides furnishing materials, to construct one such house.

The court observed if 700 buildings have been constructed in the area, about 1.40 lakh trucks must have entered there.

"Yet, the officials of MCD and Delhi Police has nothing to show apart from a few prosecution and some demolition action on a pick and choose manner. Before we take further steps in this aspect, we call the standing counsel for the CBI to take their input on the next date of hearing," the bench said.

It also directed the SDMC and police to file a list of officials who were deployed in Sainik Farm area after court's directions given in January 2001.

Meanwhile, central government's standing counsel Anurag Ahluwalia informed the bench that proposal by Delhi government for regularisation of unauthorised colonies was considered by a union Urban Development minister and a draft has been circulated among the stakeholders.
The central government told the court that after receiving

comments of the stakeholders over the issue, the matter would be placed before the Cabinet.

Delhi government's senior standing counsel Rahul Mehra told the bench that draft regulations have been received by them and they have commented upon these.

"The counsel for Union of India submits that decision would be taken by the competent authority within six weeks after the receipt of comments from all the stakeholders.

"We direct the government of India to ensure that all the stakeholders give their responses on it within two weeks," the bench said, adding, it would hear this issue on July 20.

However, the bench made it clear that while the government is considering on the aspect of regularisation of Sainik Farm area here, the court has "not given imprimatur" on it.

The court was hearing a PIL filed by an NGO alleging illegal construction in Sainik Farms.

The NGO, in its plea, has contended that over 500 fresh illegal constructions of huge structures have come up in the area and thousands of tonnes of building material were being taken there despite the court's 2007 order prohibiting the same.

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First Published: Apr 27 2016 | 7:23 PM IST

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