Delhi High Court tells DDA and MCD to clearly mark their boundaries and areas of responsibility; asks LG to think about conducting a survey.
The Delhi High Court has instructed the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) to clearly define their boundaries and areas of responsibility. The court also asked the Lieutenant Governor (LG) to think about conducting a survey across all of Delhi. This decision came during a Public Interest Litigation (PIL) that aimed to take action against officials who allowed illegal construction by encroachers at Khasra no. 556, Ziyrat Guest House, near Baoli Gate, Hazrat Nizamuddin Dargah, close to a police booth. A Division Bench, led by Chief Justice Manmohan and Justice Tushar Rao Gedela, stated that based on the Standard Operating Procedure from the Memorandum of Understanding signed by the SoI, DDA, and MCD on August 29, 2024, no further orders are needed. The parties involved in the MoU must follow this long-term plan. Additionally, both DDA and MCD are required to accurately mark their boundaries using longitude and latitude. The Hon’ble Lieutenant Governor is encouraged to consider a comprehensive survey of Delhi to ensure that the jurisdictions of all statutory authorities are clearly defined and understood.
The Petitioner, Jamia Arabia Nizamia Welfare Education Society, requested a court order to demolish the illegal construction mentioned earlier. When the case was first heard in January 2024, the Court learned that the Petitioner had informed the Respondents in November 2023 about the illegal work at Ziyrat Guest House. Despite the Archaeological Survey of India (ASI) issuing a Work Stop Notice in December 2023, no action was taken by the authorities. The ASI’s lawyer mentioned they had sent a letter to file a police report. The Court noted that illegal construction was happening, likely with the support of the authorities, and instructed the Respondents to stop any further work at Ziyrat Guest House.
In February 2024, Babu Ali filed a request to join the case, claiming to be the new owner of Ziyrat Guest House. The MCD’s lawyer stated that even though the first and second floors were sealed, the previous owner, Mr. Raisuddin, sold the property to Mr. Babu Ali. It was reported that Mr. Babu Ali entered the sealed property and built additional floors. The lawyer also mentioned that the ground and first floors were illegal since the land belonged to the DDA. The MCD had already demolished parts of the third, fourth, and fifth floors. The DDA’s lawyer confirmed that the property is located on government land, as per the Nazul Agreement from 1937.
The High Court, noting the administrative failures of MCD officials and the CBI’s Status Report, instructed the MCD Commissioner to determine the responsibilities of all involved officials and to take strict legal action promptly. The Court specified that this should be done within twelve weeks. Since the Ziyrat Guest House has already been demolished, there is nothing left to decide, and the current PIL is now closed. The CBI’s Status Report should be re-sealed and kept securely by the Deputy Registrar (Appellate). Thus, the High Court concluded the PIL and provided the necessary instructions.
Cause Title: Jamia Arabia Nizamia Welfare Education Society v. Delhi Development Authority through its Vice Chairman & Ors. (Neutral Citation: 2024:DHC:8882-DB)